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Journal of the Senate

________________

Monday, April 21, 2008

The Senate was called to order by the President.

Devotional Exercises

A moment of silence was observed in lieu of devotions.

Pledge of Allegiance

David A. Gibson, Secretary of the Senate, then led the members of the Senate in the pledge of allegiance.

Bills Referred to Committee on Appropriations

House bills of the following titles, appearing on the Calendar for notice, and carrying appropriations or requiring the expenditure of funds, under the rule, were severally referred to the Committee on Appropriations:

H. 402.

An act relating to recapture of health insurance benefits for group F members of the Vermont state retirement system.

H. 885.

An act relating to the developing consistent measurement standards for economic growth.

H. 890.

An act relating to compensation for certain state employees.

Bill Referred to Committee on Finance

H. 870.

House bill of the following title, appearing on the Calendar for notice, and affecting the revenue of the state, under the rule was referred to the Committee on Finance:

An act relating to the regulation of professions and occupations.

Joint Resolution Placed on Calendar

J.R.H. 61.

Joint resolution originating in the House of the following title was read the first time and is as follows:

Joint resolution designating May 2008 as Carcinoid Cancer Awareness Month.

Whereas, carcinoid cancer is the result of changes in the gastrointestinal system’s neuroendocrine cells which cause these cells to grow abnormally and form slow-growing microscopic tumors which, if untreated, can expand and create numerous serious symptoms, and

Whereas, carcinoid cancer is commonly misdiagnosed due to the symptomatic similarities to such diseases as Irritable Bowel Syndrome (IBS), anxiety, asthma, and Crohn’s Disease, and

Whereas, increased education and knowledge of carcinoid cancer will result in reducing the number of misdiagnoses of patients and enable earlier detection and treatment, resulting in enhanced patient quality of life and increased chances of survival, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly designates May 2008 as “Carcinoid Cancer Awareness Month,” and be it further

Resolved:  That the secretary of state be directed to send a copy of this resolution to the New England Carcinoid Connection in Boston.

Thereupon, in the discretion of the President, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Senate Resolutions Placed on Calendar

S.R. 27.

Senate resolution of the following title was offered, read the first time and is as follows:

By Senators Lyons, Ayer, Bartlett, Carris, Collins, Condos, Coppenrath, Cummings, Doyle, Flanagan, Hartwell, Illuzzi, Kitchel, Kittell, MacDonald, Maynard, Mazza, McCormack, Miller, Mullin, Nitka, Racine, Scott, Sears, Shumlin, Snelling, Starr and White,

     S.R. 27.  Senate resolution designating April 30 as Walk @ Lunch Day.

Whereas, getting simply 30 minutes of moderate physical activity such as a brisk walk at least five times a week can result in significant health benefits, such as lowering the risk of developing or dying from cardiovascular disease or hypertension or type 2 diabetes, and improving the health of muscles, bones, and joints, and

Whereas, the United States Department of Health and Human Services estimates the annual cost to treat illness and chronic disease that inactive lifestyles cause is nearly $1,000 for every family in America, and

Whereas, physical activity is vital to the well-being of all Americans, and National Walk @ Lunch Daysm  is an opportunity for Americans to carve time out of their busy work schedules to exercise and become healthier, and

Whereas, National Walk @ Lunch Day is a work-place program that encourages employees to walk during their lunch break, making exercise a convenient and easy choice during the day, and

Whereas, a number of states will participate in National Walk@ Lunch Day to improve the health of their residents step-by-step, now therefore be it

Resolved by the Senate:

That the Senate of the State of Vermont designates April 30 as National Walk @ Lunch Day and encourages all Vermonters to recognize the importance of walking in a healthy lifestyle, and be it further

Resolved:  That the Secretary of the Senate be directed to send a copy of this resolution to the Vermont Heart Association and Blue Cross Blue Shield of Vermont.

Thereupon, in the discretion of the President, under Rule 51, the resolution was placed on the Calendar for action tomorrow.

S.R. 28.

Senate resolution of the following title was offered, read the first time and is as follows:

   By the Committee on Rules,

     S.R. 28.  Senate resolution relating to amendments of the Permanent Rules of the Vermont Senate.

First:  Senate Rule 39 is amended to read as follows:

VII

OF BILLS AND JOINT RESOLUTIONS

39.  During the regular session held in the first year of the biennium no bill may be introduced on or after the fifty‑third calendar day of the session except by consent of the Senate, unless it is introduced by or with the consent of the Rules Committee, or is introduced by the Committee on Appropriations or the Committee on Finance.  During the regular session held in the first year of the biennium bills may be introduced by a senator or a standing committee at any time.

During any adjourned session of the biennium (excluding the customary weekend adjournments), no bill may be introduced unless it has previously been filed with the Legislative Drafting Division of the Legislative Council and approved for printing by the sponsor no less than twenty‑five calendar days preceding the opening of the session or unless it is introduced by or with the consent of the Rules Committee.

For the purpose of this rule, during the first regular session of the biennium, a bill shall be considered as introduced if the member requests the Legislative Drafting Division of the Legislative Council to draft the bill with specific instructions as to its contents sufficient to permit its preparation, at least ten days before the deadline set in this rule.

     Second:  Senate Rule 41 is amended to read as follows:

41.  Each bill intended for presentation by any member of the Senate shall be presented first to the Legislative Drafting Division of the Legislative Council as far in advance of the date intended for introduction as may be practicable, but no later than the date provided in Rule 39. The Drafting Division Legislative Council shall examine and revise it as to form and expression, so far as may be required. After certifying to the revision and after approval by the sponsor the Drafting Division Legislative Council shall forward the bills to the printer designated by the Purchasing Director.

     Third:  Senate Rule 42 is amended to read as follows:

42.  The Secretary shall prescribe the form for bills and shall cause a sufficient number of the bills to be printed with suitable margins and spaces, and with lines of each page numbered.  With respect to Senate bills and resolutions, amendments to Senate bills and resolutions, Senate proposals of amendments to House bills and resolutions, proposals of amendments to the Vermont Constitution, and reports of Committees of Conference, the Secretary may:

(1) renumber and rearrange sections or parts of sections;

(2) transfer sections or divide sections so as to give separate section numbers to distinct subject matters, but without changing the meaning;

(3) insert or change the wording of headnotes;

(4) change reference numbers to agree with renumbered chapters or sections;

(5) substitute the proper section or chapter number for the terms "this act," "the preceding section" and similar terms;

(6) strike out figures where they are merely a repetition of written words and vice versa;

(7) change capitalizations for grammatical purposes;

(8) correct manifest typographical and grammatical errors; and

(9) make any other purely formal or clerical changes in keeping with the purposes of the legislation.

     Fourth:  Senate Rule 51 is amended to read as follows:

51.  Joint resolutions shall be treated in the same manner as bills except that joint resolutions expressing the sentiments of the General Assembly, or relating to adjournment, or relating to joint assemblies, or relating to pay of the Lieutenant Governor and members of the Legislature and other incidental expenses of the General Assembly, may be adopted upon their first reading; provided, however, that in the discretion of the President any joint resolution may be treated as a bill. Joint resolutions not treated as bills shall be printed in the Journal and they may, in the discretion of the President, and shall, upon vote of the Senate, be placed on the Calendar for action on the next day after being offered. No joint resolution need be revised by the Legislative Drafting Division of the Legislative Council or printed in full except in the journal. To the extent applicable, a Senate resolution shall be so treated.

Thereupon, in the discretion of the President, under Rule 51, the resolution was placed on the Calendar for action tomorrow.

Consideration Postponed

S. 278.

Senate bill entitled:

     An act relating to financing campaigns.

Was taken up.

Thereupon, without objection consideration of the bill was postponed until tomorrow.

Consideration Postponed

H. 203.

House bill entitled:

An act relating to increasing the amount of an estate to which a surviving spouse is entitled when the deceased spouse dies without a will.

Was taken up.

Thereupon, without objection consideration of the bill was postponed until tomorrow.

Rules Suspended; House Proposal of Amendment Not Concurred In; Committee of Conference Requested; Committee of Conference Appointed

S. 365.

Pending entry on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and House proposal of amendment to Senate bill entitled:

An act relating to capital construction and state bonding.

Was taken up for immediate consideration.

The House proposes to the Senate to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

* * * Capital Appropriations * * *

Sec. 1.  STATE BUILDINGS

The following is appropriated in total to the department of buildings and general services, and the commissioner is authorized to direct funds appropriated in this section to the projects contained in this section; however, no project shall be canceled unless the chairs of the senate committee on institutions and the house committee on corrections and institutions are notified before that action is taken.  The individual allocations in this section are estimates only.

(1)  Statewide, Americans with Disabilities Act (ADA) – for improvements at the Robert H. Wood, Jr. Criminal Justice and Fire Service Training Center of Vermont in Pittsford:                                                            125,000

(2)  Statewide, building reuse:                                                            100,000

(3)  Statewide, contingency fund:                                                       500,000

(4)  Statewide, major maintenance:                                                 7,000,000

(5)  Statewide, planning:                                                                      25,000

(6)  Montpelier, 120 State Street, elevator replacement:                    450,000

(7)  Montpelier, 120 State Street, window replacement:                    500,000

(8)  Springfield state office building, supplement:                                300,000

(9)  St. Albans, 20 Houghton Street, roof repairs:                              250,000

(10)  St. Albans, 20 Houghton Street, heating, ventilation, and air conditioning (HVAC) improvements:                           450,000

(11)  St. Albans, correctional facility sewer upgrade:      600,000

(12)  State Archives, relocation to Middlesex, design, and

construction:                                                                                           1,500,000

Total appropriation – Section 1                                                           $11,800,000

Sec. 2.  TAXES

The sum of $100,000 is appropriated to the department of taxes for an ongoing project to update statewide quadrangle maps through digital orthophotographic quadrangle mapping.

Total appropriation – Section 2                                                                $100,000

Sec. 3.  HEALTH AND PUBLIC SAFETY LABORATORIES/BUILDING #617 IN ESSEX

The sum of $5,000,000 is appropriated to the department of buildings and general services for construction and renovation of Building #617 in Essex, including co-location of the department of health and department of public safety forensics laboratories.                         

Total appropriation - Section 3                                                             $5,000,000

Sec. 4.  HUMAN SERVICES

The following is appropriated in total to the department of buildings and general services for the agency of human services for the projects described in this section.

(1)  Vermont state hospital, ongoing security and

maintenance:                                                                                              100,000

(2)  Vermont state hospital, to study the feasibility of converting the Dale correctional facility, converting the Brooks facility, or contracting for new construction to create a secure residential facility in Waterbury, and for continued planning, design, and permitting associated with the certificate of need (CON) process for a facility or facilities to replace any of the functions of the current Vermont State hospital:                                                                          250,000

(3)  Corrections, continuation of suicide abatement project:               124,000

(4)  Corrections, major maintenance and renovations:    1,845,000

Total appropriation – Section 4                                                             $2,319,000


Sec. 5.  JUDICIARY

The sum of $719,676 is appropriated to the department of buildings and general services for the judiciary for security improvements, renovations, and mechanical upgrades at the Windham district and family courthouse in Brattleboro.

Total appropriation – Section 5                                                                $719,676

Sec. 6.  BUILDING COMMUNITIES GRANTS

The following sums are appropriated for building communities grants:

(1)  To the agency of commerce and community development, division for historic preservation, for the historic preservation grant program established in 24 V.S.A. § 5601:                                                                 150,000

(2)  To the agency of commerce and community development, division for historic preservation, for the historic barns preservation grant program established in 24 V.S.A. § 5602.  However, funds shall not be granted to projects which propose to remove historic building features, even if they were added after the original construction of the building.  The division for historic preservation, with the approval of the commissioner of housing and community affairs, may use up to $40,000 of the funds appropriated in this subdivision to conduct a statewide census of Vermont barns for the purpose of future restoration efforts:                                                                             150,000

(3)  To the agency of commerce and community development, division for historic preservation, for the cultural facilities grant program established in 24 V.S.A. § 5603:                                                                                    150,000

(4)  To the department of buildings and general services for the recreational facilities grant program established in 24 V.S.A. § 5604:     150,000

(5)  To the department of buildings and general services for the human services and educational facilities competitive grant program established in 24 V.S.A. § 5605:                                                                                    150,000

(6)  To the department of information and innovation for the Vermont telecommunications authority for the broadband development grant program established in Sec. 3 of No. 79 of the Acts of 2007:            100,000

Total appropriation – Section 6                                                                $850,000

Sec. 7.  COMMERCE AND COMMUNITY DEVELOPMENT

(a)  The following sums are appropriated to the department of buildings and general services for the agency of commerce and community development for the following projects:

(1)  Major maintenance at historic sites statewide; provided such maintenance shall be under the supervision of the department of buildings and general services:                                                                                         200,000

(2)  Continued planning and design to expand the visitors’ center at the Calvin Coolidge state historic site in Plymouth Notch.  These funds, and up to $84,100 of unexpended funds from previous years’ appropriations, may be used as matching funds for a challenge grant from the National Endowment for the Humanities:                                                             200,000

(b)  The following sums are appropriated to the agency of commerce and community development for the following projects:

(1)  Protecting, preserving, moving, or reinterring human remains discovered in unmarked burial sites:                                   25,000

(2)  Underwater preserves:                                                                  25,000

(3)  Placement and replacement of roadside historic site markers:        10,000

Total appropriation – Section 7                                                                $460,000

Sec. 8.  EDUCATION

The following is appropriated in total to the department of education for the purposes described in this section:

(1)  State aid for school construction projects pursuant to section 3448 of Title 16, to be expended on projects prioritized for funding by the state board of education on December 18, 2007:                                       9,993,250

(2)  For the Walden School District, for 25 percent of the eligible costs of roof repairs at the Walden School:                      6,750

Total appropriation – Section 8                                                           $10,000,000

Sec. 9.  AUSTINE SCHOOL

The sum of $50,000 is appropriated to the department of buildings and general services for renovation of Holton Hall at the Austine School.

Total appropriation – Section 9                                                                  $50,000

Sec. 10.  UNIVERSITY OF VERMONT

The sum of $1,600,000 is appropriated to the University of Vermont for construction, renovation, or maintenance projects.  The university shall file with the general assembly on or before January 15 an annual report that details the status of capital projects funded in whole or in part by state capital appropriations, including an explanation of the process for bidding for contractors or subcontractors where the amount of the contract or subcontract exceeds $50,000.

Total appropriation – Section 10                                                            $1,600,000

Sec. 11.  VERMONT STATE COLLEGES

The sum of $1,600,000 is appropriated to the Vermont State Colleges for major facility maintenance.  The state colleges shall file with the general assembly on or before January 15 an annual report that details the status of capital projects funded in whole or in part by state capital appropriations, including an explanation of the process for bidding for contractors or subcontractors where the amount of the contract or subcontract exceeds $50,000.

Total appropriation – Section 11                                                           $1,600,000

Sec. 12.  NATURAL RESOURCES

(a)  The following is appropriated in total to the agency of natural resources for water pollution control projects:

(1)  State matching funds for the pollution control and clean water state revolving fund administered in accordance with chapter 55 of Title 10 and chapter 120 of Title 24:                                                                                            2,100,000

(2)  Pollution control projects in Springfield and Newport

City:                                                                                                        2,000,000

(3)  Wastewater facilities project in Pownal:                   1,000,000

(4)  Interest on short‑term borrowing associated with delayed grant funding for the Pownal project:                                     120,000

Total Appropriation - Section 12(a)                                          $5,220,000

(b)  The following is appropriated in total to the agency of natural resources for the drinking water state revolving fund:                1,900,000

(c)  The following is appropriated in total to the agency of natural resources for the clean and clear program to accelerate the reduction of phosphorus discharges into Lake Champlain and other waters of the state:

(1)  Ecosystem restoration and protection:                     1,120,000

(2)  Unregulated stormwater management:                     150,000

(3)  Wastewater phosphorus removal at municipal wastewater treatment plants:                                                                            550,000

(4)  For the Farmers Watershed Alliance, to reduce phosphorus loads to Lake Champlain:                                                      30,000

(5)  For the Natural Resource Conservation Districts, to reduce phosphorus loads to the waters of the state:                        50,000

Total Appropriation - Section 12(c)                                          $1,350,000

(d)  The following sum is appropriated to the agency of natural resources for the state’s year-one share of the federal match to conduct a three-year study of spring flooding in the city of Montpelier.  However, the state shall not enter into any commitment to pay for construction of flood control improvements without legislative approval:                                           100,000

(e)  The following sums are appropriated to the agency of natural resources for the department of forests, parks and recreation for the purposes described in this subsection:

(1)  Rehabilitation of aging state park infrastructure:       800,000

(2)  For the Green Mountain Club, Inc. for the procurement in fee simple or by easement of properties along the Long Trail:       25,000

Total Appropriation - Section 12(e)                                              $825,000

(f)  The following sums are appropriated  to the agency of natural resources for the department of fish and wildlife for projects described in this subsection:

(1)  Filter building at the Bald Hill Fish Culture Station:   125,000

(2)  Road resurfacing, dismantling of a degraded building, or shooting range modifications at Buck Lake and Kehoe conservation camps, or any combination of these:                                                                                  50,000

(3)  For the Lake Champlain Walleye Association, Inc. to upgrade and repair the walleye rearing, restoration, and stocking infrastructure:            25,000

(4)  For the purchase and installation of a generator at the Salisbury fish culture station:                                                             $100,000

Total Appropriation  Section 12(f)                                               $300,000

Total appropriation – Section 12                                                         $10,245,000

Sec. 13.  MILITARY

The following is appropriated in total to the department of the military for the projects described in this section.  If the state’s share of site acquisition costs in subdivision (1) of this section exceeds $150,000, the department of the military may use funds appropriated in subdivision (2) of this section as needed for the state’s share:

(1)  Site acquisition for the combined northern field maintenance shop and Morrisville armory:                                              150,000

(2)  Design and implementation of energy conservation projects at up to ten armories:                                                              200,000

Total appropriation – Section 13                                                              $350,000

Sec. 14.  PUBLIC SAFETY

The sum of $15,000 is appropriated to the department of buildings and general services for the department of public safety for removal of the pump island and underground storage tank in Waterbury.

Total appropriation – Section 14                                                                $15,000

Sec. 15.  FIRE SERVICE TRAINING

The following sums are appropriated for fire service training:

(1)  To the department of buildings and general services for the Vermont fire service training council for construction of a fire training facility at the Robert H. Wood, Jr. Criminal Justice and Fire Service Training Center of Vermont in Pittsford.  Capital funds appropriated for construction of this project shall not exceed the sum of $2,000,000:                    2,000,000

(2)  To Vermont State Colleges as the state’s financial contribution to the construction of a steel burn building at the Vermont Technical College campus in Randolph.  The state’s appropriation is contingent upon receipt by Vermont Technical College of a $406,000 federal appropriation earmarked for construction of the steel burn building.  As a condition of the state’s appropriation, Vermont Technical College shall provide use of classrooms and dormitories for firefighter training during times when they are not otherwise needed for Vermont Technical College programs or services.  In the event the federal funds earmarked for this project are not received by January 1, 2009, the appropriation of this subdivision shall revert to the department of buildings and general services for future capital expenditures.  It is the intent of the general assembly that the Robert H. Wood, Jr. Criminal Justice and Fire Service Training Center of Vermont in Pittsford shall be the headquarters for the fire service training council, and that the building constructed pursuant to this subdivision shall be a satellite building operated by the fire service training council.  The fire service training council shall enter into a memorandum of understanding with the Vermont Technical College regarding operation of the building:                                                                         240,000

Total appropriation – Section 15                                                           $2,240,000

Sec. 16.  AGRICULTURE, FOOD AND MARKETS

The following sums are appropriated in total to the agency of agriculture, food and markets for the purposes described in this section:

(1)  For the best management practice implementation cost share program, to continue to develop best management practices on Vermont farms.  Farmers participating in this program are eligible for cost share funds not to exceed $75,000 or 80 percent of a project:                                         1,800,000

(2)  For the agricultural buffer program, to install water quality conservation buffers, and for the capital equipment assistance program established in S.290 of 2008.  Up to $250,000 of this amount shall be for the capital equipment assistance program, provided that the state’s share shall not exceed $50,000 or 50 percent of a project:                                  500,000

(3)  For the competitive grants program for agricultural fair capital projects.  No single entity shall be awarded more than ten percent of this appropriation:                                                                                                    180,000

Total appropriation – Section 16                                                           $2,480,000

Sec. 17.  VERMONT PUBLIC TELEVISION

The sum of $300,000 is appropriated to Vermont Public Television as the state match for the federally mandated conversion of Vermont Public Television’s transmission sites to digital broadcasting format.

Total appropriation – Section 17                                                              $300,000

Sec. 18.  VERMONT INTERACTIVE TELEVISION

The sum of $214,770 is appropriated to Vermont Interactive Television for video upgrades, codec upgrades, monitor replacement, or any combination thereof, at Vermont Interactive Television sites.

Total appropriation – Section 18                                                              $214,770

Sec. 19.  VERMONT RURAL FIRE PROTECTION

The sum of $100,000 is appropriated to the department of public safety, division of fire safety for the Vermont rural fire protection task force to continue the dry hydrant program.

Total appropriation – Section 19                                                                100,000

Sec. 20.  VERMONT VETERANS HOME

The sum of $1,700,000 is appropriated to the department of buildings and general services for the Vermont Veterans Home for the final phase of geothermal HVAC renovations.

Total appropriation – Section 20                                                           $1,700,000


Sec. 21.  VERMONT CENTER FOR CRIME VICTIM SERVICES

The sum of $50,000 is appropriated to the Vermont Center for Crime Victim Services for Americans with Disabilities Act improvements at domestic violence shelters.  The Vermont Center for Crime Victim Services shall file with the commissioner of buildings and general services an annual report, on or before December 1, 2008, which details the status of the improvements funded in whole or in part by state capital appropriations.

Total appropriation – Section 21                                                                $50,000

* * * Financing this Act * * *

Sec. 22.  REALLOCATION OF FUNDS; TRANSFER OF FUNDS

The following sums are reallocated to the department of buildings and general services to defray expenditures authorized in Sec. 1 of this act, unless otherwise specified:

(1)  of the amount appropriated in Sec. 2(c) of No. 185 of the Acts of the 1995 Adj. Sess. (1996) (GOVnet for schools):                2,695.47

(2)  of the amount appropriated in Sec. 8(a)(6) of No. 62 of the Acts of 1997 (information technology):                              14,440.22

(3)  of the amount appropriated by Sec. 2(d) of No. 62 of the Acts of 1995 (EWIMS):                                                      11,500.50

(4)  of the amount appropriated by Sec. 2(b) of No. 62  of the Acts of 1995 (satellite video recording equipment):                   4,211.50

(5)  of the amount appropriated by Sec. 2a(b)(1) of No. 62 of the Acts of 1995 (VALS to GOVnet conversion):                5,381.29

(6)  of the amount appropriated by Sec. 5(p) of No. 121 of the Acts of the 2003 Adj. Sess. (2004) (Vermont hydroelectric):        152,675.59

(7)  of the amount appropriated by Sec. 4(e) of No. 149 of the Acts of the 2001 Adj. Sess. (2002) (illumination plan for Bennington Battle

Monument):                                                                             528.99

(8)  of the amount appropriated by Sec. 11(b) of No. 121 of the Acts of the 2003 Adj. Sess. (2004) (creation of Civil War monument):             1,296.61

(9)  of the amount appropriated by Sec. 3(f)(2) of No. 43 of the Acts of 2005 (fit-up of a VCI building at the southern state correctional

facility):                                                                                                   44,912.60

(10)  of the amount appropriated by Sec. 4 of No. 43 of the Acts of 2005 (Rutland courthouse renovations):                            39,249.25

(11)  of the amount appropriated by Sec. 20 of No. 43 of the Acts of 2005 (Vermont Veterans’ Memorial Cemetery expansion design): 50,000.00

(12)  of the amount appropriated by Sec. 5(c) of No. 147 of the Acts of the 2005 Adj. Sess. (2006) (renovations to Bennington courthouse to enhance security and litigant services):                                                                        198,844.00

(13)  of the amount appropriated by Sec. 12(d) of No. 147 of the Acts of the 2005 Adj. Sess. (2006) (public safety outpost at the Williston rest

area):                                                                                                       3,912.00

(14)  of the amount appropriated by Sec. 1(1) of No. 52 of the Acts of 2007 (design and construction of state archives at the triangle site in Montpelier) for the purpose of relocating the state archives to Middlesex pursuant to Sec. 1(12) of this act:                                                              1,695,547.50

(15)  of the amount appropriated by Sec. 16(a)(1) of No. 43 of the Acts of 2005 (historic preservation grants):                           394.41

(16)  of the amount appropriated by Sec. 16(a)(1) of No. 147 of the Acts of the 2005 Adj. Sess. (2006) (historic preservation grants):               23,016.00

(17)  for the purpose of closing and renovating correctional facilities pursuant to Sec. 4(4) of this act:

(A)  of the amount appropriated by Sec. 3(c) of No. 43 of the Acts of 2005 (corrections work camp):                                78,587.41

(B)  of the amount appropriated by Sec. 4(c) of No. 147 of the Acts of the 2005 Adj. Sess. (2006) (corrections work camp):          676,167.00

(C)  of the amount appropriated by Sec. 4(1) of No. 52 of the Acts of 2007 (corrections work camp site acquisition):          99,367.00

(18)  of the amount appropriated by Sec. 5(b)(1) of No. 121 of the Acts of 2004 (historic barn grants):                                  241.93

(19)  of the amount appropriated by Sec. 16(a)(2) of No. 43 of the Acts of 2005 (historic barn grants):                                 9,728.70

(20)  of the amount appropriated by Sec. 16(a)(2) of No. 147 of the Acts of the 2005 Adj. Sess. (2006) (historic barn grants):           30,748.00

Total reallocations and transfers – Section 22                                $3,143,445.97

Sec. 23.  GENERAL OBLIGATION BONDS

(a)  The state treasurer is authorized to issue general obligation bonds in the amount of $49,050,000 for the purpose of funding the appropriations of this act.  The state treasurer, with the approval of the governor, shall determine the appropriate form and maturity of the bonds authorized by this section consistent with the underlying nature of the appropriation to be funded.  The state treasurer shall allocate the estimated cost of bond issuance or issuances to the entities to which funds are appropriated pursuant to this section and for which bonding is required as the source of funds, pursuant to 32 V.S.A. § 954.

(b)  It is the intent of the general assembly to authorize the state treasurer to issue general obligation bonds in the amount of $54,650,000.  However, of this amount, $5,600,000 shall be authorized in the appropriations bill for fiscal year 2009.

Total bonding – Section 23                                                                  $49,050,000

* * * Managing this Act * * *

Sec. 24.  AUTHORITY TO TRANSFER FUNDS

The secretary of natural resources, with the approval of the secretary of administration, may transfer any unexpended project balances among projects authorized in Sec. 12 of this act.

Sec. 25.  ACCEPTANCE OF GRANTS AND OTHER FUNDS

(a)  Notwithstanding section 5 of Title 32 (acceptance of grants):

(1)  The commissioner of environmental conservation, with the approval of the secretary of natural resources, may accept federal grants made available through the federal Clean Water Act and the federal Drinking Water Act in accordance with chapter 120 of Title 24.  Acceptance of this grant money is hereby approved, provided all notifications are made under subsection 4760(a) of Title 24.

(2)  The commissioner of corrections, with the approval of the secretary of human services, may accept federal grants made available through federal crime bill legislation. 

(3)  The commissioner of buildings and general services may accept grants of funds, equipment, and services from any source, including federal appropriations, for the installation, operation, implementation, or maintenance of energy conservation measures or improvements at state buildings.

(4)  The commissioner of buildings and general services may accept federal grant funds in connection with the state health and forensic laboratories.  These funds may be used to defray or supplement costs in Sec. 3 of this act.

(5)  The commissioner of buildings and general services may accept federal grant funds from the department of public safety for the purpose of purchasing, designing, and retrofitting a new emergency management facility and emergency operations center.  No state funds shall be appropriated to this project from general obligation bonds issued for capital construction under this act or any prior capital construction act. 

(b)  Each receipt of a grant or gift authorized by this section shall be reported by the commissioner of the department receiving the funds to the chairs of the senate committee on institutions and the house committee on corrections and institutions and to the joint fiscal committee. 

* * * Buildings and General Services * * *

Sec. 26.  PROJECTS FUNDED IN PRIOR YEARS; BENNINGTON STATE OFFICE BUILDING; BUILDING #617 IN ESSEX JUNCTION

(a)  The commissioner of buildings and general services is authorized to use funds appropriated under this act for capital projects requiring additional support that were funded with capital or general appropriations made in prior years.

(b)  The commissioner of buildings and general services is authorized to spend up to $250,000 from funds appropriated for the Bennington state office building in Sec. 1(14) of No. 52 of the Acts of 2007 for the purpose of developing a comprehensive proposal to meet state office building needs while supporting the downtown redevelopment initiative in the town of Bennington.  In developing the proposal, the commissioner may hire one or more consultants to evaluate existing and potential state office space in Bennington, and shall consult with the Bennington downtown task force created by Sec. 4 of No. 53 of the Acts of 2007 to explore and evaluate opportunities.  Any recommended proposal shall limit the state’s capital appropriation for the project to up to a total of $10 million, and the commissioner shall explore all potential funding opportunities for the proposal.  On or before January 15, 2009, the commissioner of buildings and general services shall submit a report to the senate committee on institutions and the house committees on corrections and institutions on behalf of the department of buildings and general services and the Bennington downtown task force regarding a plan for Bennington state offices and for the Bennington district and family courts.  The proposal may include any of the following:

(1)  Selling the current state office building and land, and relocating state programs, services, and staff to another site.

(2)  Redeveloping one or more state buildings.  Redevelopment may include any of the following for all or portions of the building or buildings:  renovations, razing, leasing, entering into condominium agreements, entering into partnership agreements, and location of state programs, services, and staff.

(3)  Purchase or lease of a building or buildings, or a portion of a building or buildings in the town of Bennington for relocation of state programs, services, and staff.

(4)  Purchase of land and construction of a building in the town of Bennington, with priority consideration given to the designated downtown development district; location of state programs, services, and staff in the downtown building; and potential use of a portion of the building by nonstate workers through a lease, condominium agreement, or partnership agreement.

(c)  Current construction plans and funding for the health and public safety laboratories at Building #617 in Essex referenced in Sec. 3 of this act require phased construction, which could potentially increase the overall cost of this project.  It is therefore deemed to be in the state’s best interest to expedite construction, and it is the intent of the general assembly to approve the exploration by the commissioner of buildings and general services of various development options that would expedite the construction process.  Notwithstanding sections 161, 165, and 166 of Title 29, the commissioner of buildings and general services is authorized to explore, develop, and negotiate with the current property manager all development options available regarding the land and property commonly referred to as “Building #617” in Essex Junction.  After consultation with the chairs and vice-chairs of the senate and house committees on institutions, and upon approval from the secretary of administration and the joint fiscal committee, the commissioner of buildings and general services may undertake any of the following:

(1)  Enter into one or more development agreements that would expedite the design, development, construction, and occupancy of the proposed health and forensic laboratories.

(2)  Sell the state’s property or any portion thereof located at 30 and 42 Allen Martin Drive in Essex Junction.  The commissioner’s authority to sell includes the discretion to apply the proceeds from the sale to the state’s contribution or costs related to the development plan for the health and forensic laboratories.

(3)  Reallocate any unencumbered prior capital appropriations for the development and construction of the health and forensic laboratories to the state’s contribution or costs related to the plan for expedited construction.  

(4)  Enter into operating leases or agreements, including condominium agreements, or other agreements such as lease-purchase, lease-lease back, sell-lease back, land lease, or any combination thereof to expedite the construction of Building #617 in Essex Junction.

(d)  In order to expedite the placement of the state public safety laboratories, the commissioner of buildings and general services is authorized to pursue options for location of the laboratories other than the Building #617 location.  After consultation with the chairs and vice-chairs of the senate and house committees on institutions, and upon approval from the secretary of administration and the joint fiscal committee, the commissioner of buildings and general services may undertake any of the following:

(1)  Enter into one or more development agreements that would expedite the design, development, construction, and occupancy of the state public safety laboratories.

(2)  Sell all or a portion of Building #617and associated land pursuant to 29 V.S.A. § 166.

(3)  Reallocate any unencumbered prior capital appropriations for the development and construction of the health and forensic laboratories to the state’s contribution or costs related to the plan for expedited placement.  

(4)  Enter into operating leases or agreements, including condominium agreements, or other agreements such as lease-purchase, lease-lease back, sell-lease back, land lease, or any combination thereof to expedite the placement of the laboratories.

(e)  The commissioner of buildings and general services is authorized to spend any funds remaining from $50,000 appropriated in Sec. 13(b) of No. 52 of the Acts of 2007 for the purpose of negotiating a purchase price and purchasing an option to buy land in Westminster for a new public safety field station to serve southeastern Vermont.  Any option shall be purchased pursuant to 29 V.S.A. § 152(a)(3)(B).  The commissioner may also use these funds to begin the process of obtaining the necessary permits to build the field station.

Sec. 27.  PROPERTY TRANSACTIONS; MISCELLANEOUS

(a)  Notwithstanding 29 V.S.A. § 166(b), the commissioner of buildings and general services, with the approval of the secretary of administration, is authorized to sell or lease 900 square feet of state-owned land at the Newport state office building in the town of Newport.  After payment of any costs and fees associated with the transaction, proceeds from a sale shall be deposited into a capital fund pursuant to 29 V.S.A. § 166(d), and proceeds from a lease shall be deposited into a property management fund pursuant to 29 V.S.A. § 160.

(b)  Notwithstanding 29 V.S.A. § 166(b), the commissioner of buildings and general services, with the approval of the secretary of administration, is authorized to subdivide and sell, at fair market value based on an appraisal paid for by the prospective purchaser, a section of state-owned property located on Railroad Row in the town of Hartford.  After payment of any costs and fees associated with the sale, proceeds shall be deposited into a capital fund pursuant to 29 V.S.A. § 166(d).

(c)  Notwithstanding 29 V.S.A. § 166(b), the commissioner of buildings and general services is authorized to subdivide and sell, as described in this subsection, the real property commonly referred to as the “Former Tree Farm Property” and associated buildings located in the town and village of Essex.  The property is located on the east side of Old Colchester road, the northerly part of the property being located in the town of Essex and the southerly part of the property being located in the village of Essex Junction.  Proceeds from the sale or sales, net of all related development, permitting, relocation, and sale costs, shall be deposited into a capital fund pursuant to 29 V.S.A. § 166(d).  The commissioner may:

(1)  Negotiate and enter into a sales agreement with the town of Essex, the village of Essex Junction, the Tree Farm Management Group, Inc., or any combination thereof for the sale of the parcel currently subject to a lease agreement between the state of Vermont, the town of Essex, and the village of Essex Junction; provided that the terms of the sale include a covenant restricting use of the land to educational, agricultural, and recreational uses and prohibiting development for housing, commercial, or industrial use.

(2)  Sell the wooded portion of the land on the eastern side, provided that the terms of the sale include a covenant restricting use of the land to educational, agricultural, and recreational uses and prohibiting development for housing, commercial, or industrial use.

(3)  Sell the small parcel in the western corner which contains the barn at fair market value.  However, the commissioner shall first give the town of Essex a right of first refusal on this portion of the land.

(d)  Pursuant to 29 V.S.A. § 166, the commissioner of buildings and general services, with the approval of the secretary of administration, and the joint fiscal committee shall sell, lease, subdivide, convert into condominiums, or any combination thereof, the Thayer School building located at 1193 North Avenue in Burlington; provided, however, that any transaction includes the stipulation that the department of motor vehicles must remain at the site.  After payment of any costs and fees associated with the transaction, proceeds from a sale shall be deposited into a capital fund pursuant to 29 V.S.A. § 166(d), and proceeds from a lease shall be deposited into a property management fund pursuant to 29 V.S.A. § 160.

(e)  Notwithstanding 29 V.S.A. § 166(b), the commissioner of buildings and general services may sell or lease land, mineral rights, or both, as follows:

(1)  the land and mineral rights are those located at the Robert H. Wood, Jr. Criminal Justice and Fire Service Training Council in Pittsford that adjoin land currently operated by Casella Property Management for purposes of gravel excavation and sale;

(2)  the transaction is limited to no more than three acres of land or mineral rights;

(3)  the term of a lease is limited to no more than 10 years;

(4)  the sale or lease price shall be based upon the fair market value of the source mineral rights; and

(5)  after payment of any costs and fees associated with the transaction, proceeds from a sale shall be deposited into a capital fund pursuant to 29 V.S.A. § 166(d), and proceeds from a lease shall be deposited into a property management fund pursuant to 29 V.S.A. § 160.

(f)  Notwithstanding 29 V.S.A. § 166(b), the commissioner of buildings and general services, with approval of the secretary of administration, is authorized to sell the building and associated land in Middlesex known as Playcare to North American Playcare, Inc. at fair market value.  If the commissioner is unable to negotiate a sale agreement with North American Playcare, Inc., he or she may sell the building and associated land, following the procedures in 29 V.S.A. § 166(b).

Sec. 28.  LOCATION OF STATE OFFICES

(a)  Sec. 2(a)(5) of No. 61 of the Acts of 2001 and Sec. 28 of No. 149 of the Acts of the 2001 Adj. Sess. (2002), relating to occupancy of 133 State Street in Montpelier by the secretary of state, are repealed.

(b)  18 V.S.A. § 3(b), relating to the location in Chittenden County of the executive and administrative offices of the department of health, is repealed.

Sec. 29.  3 V.S.A. § 260(b) is amended to read:

(b)  The principal office of each administrative department shall be located at such location as the secretary of the agency of administration determines with the approval of the governor, except that the principal office of the health department shall be in Burlington, and the military department shall be at Camp Johnson.

Sec. 30.  29 V.S.A. § 152(a)(31) and (32) are added to read:

(31)  Receive payments from vendors through the real-time demand response program (DRP).  The commissioner may contract with third‑party brokers or directly with Independent System Operators to generate or to reduce electrical demand or both for state-owned facilities in return for payments to the state which shall be retained by the facilities operations revolving fund established in section 160a of this title.

(32)  Accept funds and other contributions for state house renovations and restorations; educational, interpretive, and curatorial projects pertaining to the state house; and acquisition of historic furnishings, fixtures, and works of art for projects that pertain to the state house.

Sec. 31.  32 V.S.A. § 701a(c) is added to read:

(c)  The sums appropriated and spending authority authorized by a capital construction act shall be continuing and shall not revert at the end of the fiscal year.

Sec. 32.  EVIDENCE ROOM; STUDY

The commissioner of buildings and general services shall consult with the chair of the  preservation of evidence committee created by Sec. 2 of No. 60 of the Acts of 2007 to determine options for construction of an evidence room for retention of evidence collected in criminal cases.  The commissioner shall recommend a place for location of an evidence room to the senate committee on institutions and the house committee on corrections and institutions on or before January 15, 2009.

* * * Health and Public Safety Laboratory * * *

Sec. 33.  PATRICIA SCOVILLE DNA LABORATORY

The DNA laboratory in the state forensics laboratory shall be named in honor of Patricia Scoville in its present location and in any subsequent location.           

Sec. 33a.  VERMONT STATE HOSPITAL PLANNING

(a) The Department of Mental Health shall ensure that any space renovated with state funds on or near the current Vermont State Hospital grounds which will be used to accommodate or enhance treatment programs at the current Vermont State Hospital shall be designed to meet any future needs of a secure residential program if the program is offered on or near the current Vermont State Hospital building grounds.

(b) On or before the date of filing of a CON application relating to replacement of any of the functions of the current Vermont State Hospital, the commissioner of mental health shall submit a Vermont State Hospital replacement master plan to the joint fiscal committee and mental health oversight committee.

(c)  Any CON application filed with the department of Banking, Insurance, and Health Care Administration for any part of the Vermont state hospital replacement master plan, or for continued planning, design, and permitting for any component of the current functions of the state hospital, shall simultaneously be submitted to the joint fiscal committee and mental health oversight committee.   

(d)  The conditions stated in the CON application regarding consideration of sites, funding, and operations shall be adhered to by the department.  When the department submits any planning updates as required by the CON, the documents shall be submitted to all appropriate legislative committees, with executive summaries describing the submissions provided to both joint fiscal committee and mental health oversight committees. 

* * * Judiciary * * *

Sec. 34.  INVENTORY OF COUNTY COURTHOUSES

(a)  It is the intent of the general assembly to establish a consistent formula for use of a county courthouse by the supreme court, district court, family court, and judicial bureau.  In keeping with this intent, the commissioner of buildings and general services and the court administrator shall conduct an inventory of all county courthouses in the state and report to the senate committee on institutions and the house committees on corrections and institutions on or before January 15, 2009 on the following:

(1)  ownership of each county courthouse;

(2)  the number of state courts occupying space in county courthouses and county courts occupying space in state courthouses;

(3)  existing financial and other agreements between the court administrator and the assistant judges for use of a county courthouse by a state court or use of a state courthouse by a county court; and

(4)  a recommendation for a fee-for-space formula for use of a county courthouse by a state court or use of a state courthouse by a county court.

(b)  It is the intent of the general assembly to continue with the use and operation of each existing county courthouse currently in use.

* * * Building Communities Grants * * *

Sec. 35.  REPEAL

The following are repealed:

(1)  Sec. 35 of No. 43 of the Acts of 2005, relating to a broadband development competitive grant program.

(2)  Sec. 34 of No. 43 of the Acts of 2005, relating to a recreational and educational facilities grant program.

(3)  Sec. 36 of No. 43 of the Acts of 2005, relating to a human services competitive grant program.

Sec. 36.  24 V.S.A.  chapter 137 is added to read:

Chapter 137:  BUILDING COMMUNITIES GRANTS

§ 5601.  HISTORIC PRESERVATION GRANT PROGRAM

There is established an historic preservation grant program which shall be administered by the division for historic preservation in the agency of commerce and community development.  Grants shall be made available to municipalities and nonprofit tax-exempt organizations on a one-for-one matching basis for restoring buildings and structures.

§ 5602.  HISTORIC BARNS PRESERVATION GRANT PROGRAM

There is established an historic barns preservation grant program which shall be administered by the division for historic preservation in the agency of commerce and community development.  Grants shall be made available to municipalities and nonprofit tax-exempt organizations on a one-for-one matching basis for restoring historic barns.

§ 5603.  CULTURAL FACILITIES GRANT PROGRAM

(a)  There is established a cultural facilities competitive grant program to be administered by the Vermont arts council and made available on a one‑for-one matching basis with funds raised from nonstate sources.  No grant shall be available for a project receiving funding from any other grant established in this chapter.  No portion of a grant shall be used to pay salaries. 

(b)  Grants shall be awarded on a competitive basis. Before it notifies an applicant that the applicant will be awarded a grant, the Vermont arts council shall provide notice of the award and the time and location of any award presentation to the chairs of the senate committee on institutions and the house committee on corrections and institutions and to those members of the general assembly who represent the area in which a successful applicant resides.  In recommending grant awards, a review panel shall give priority consideration to applicants who demonstrate greater financial need or are in underserved areas of the state. 

(c)  The Vermont arts council shall administer the cultural facilities grant program for ease of use by grant applicants.  To accomplish this, the Vermont arts council shall:

(1)  work in conjunction with the other grant programs included in this chapter to accommodate the needs of grant applicants;

(2)  ensure that the cultural facilities grant application deadlines are consistent with other grant programs included in this chapter;

(3)  provide an application form and process with clear instructions and examples to help applicants complete the form and which include an opportunity for a community to demonstrate its ability to generate required matching funds from local fundraising or other efforts;

(4)  establish a selection process which ensures equitable selection of grant recipients; and

(5)  ensure accountability by grant recipients.           

§ 5604.  RECREATIONAL FACILITIES GRANT PROGRAM 

(a)  Creation of program.  There is created a recreational facilities grant program to be the successor to and a continuation of the recreational and educational facilities grant program established in Sec. 34 of No. 43 of the Acts of 2005 to provide competitive grants to municipalities as defined in chapter 117 of Title 24 and to nonprofit organizations for capital costs associated with the development and creation of community recreational opportunities in Vermont communities.  The program is authorized to award matching grants of up to $25,000.00 per project, provided that grant funds shall be awarded only when evidence is presented by a successful applicant that three dollars have been raised from nonstate sources for every one dollar awarded under this program. No grant shall be available for a project receiving funding from any other grant program established in this chapter.

(b)  Creation of committee.  There is established a recreational facilities grant advisory committee to include the commissioners of forests, parks and recreation and of buildings and general services or the commissioners’ designees; a representative of the Vermont Recreation and Parks Association; two members of the Vermont general assembly, one appointed by the speaker of the house of representatives and one appointed by the senate committee on committees; a representative of the Vermont Trails and Greenways Council; and one citizen member to be appointed by the governor.  The members of the committee shall select a chair.  The citizen member shall serve for a term of two years or until his or her successor is appointed. 

(c)  Process.  The recreational facilities grant advisory committee shall coordinate and administer the recreational facilities grant program for ease of use by applicants.  To accomplish this, the committee shall:

(1) develop an application form and process with clear instructions and examples to help applicants complete the form and which include an opportunity for a community to demonstrate its ability to generate required matching funds from local fundraising or other efforts;

(2)  establish a selection process which ensures equitable selection of grant recipients;

(3)  ensure accountability by grant recipients; and

(4) ensure that the grant application deadlines are consistent with other grant programs included in this chapter.    

(d)  Before it notifies an applicant that the applicant will be awarded a grant, the recreational facilities grant advisory committee shall provide notice of the award and the time and location of any award presentation to the chairs of the senate committee on institutions and the house committee on corrections and institutions and to those members of the general assembly who represent the area in which a successful applicant resides.

(e)  The department of buildings and general services shall provide administrative support to the program.

§ 5605.  HUMAN SERVICES AND EDUCATIONAL FACILITIES COMPETITIVE GRANT PROGRAM

(a)  Creation of program.  There is created a human services and educational facilities grant program to be the successor to and a continuation of the human services competitive grant program established in Sec. 36 of No. 43 of the Acts of 2005 to provide competitive grants to municipalities as defined in chapter 117 of Title 24 and to nonprofit organizations for capital costs associated with the major maintenance, renovation, or development of facilities for the delivery of human services and health care or for the development of educational opportunities in Vermont communities.  The program is authorized to award matching grants of up to $25,000.00 per project, provided that grant funds shall be awarded only when evidence is presented by a successful applicant that at least three dollars have been raised from nonstate sources for every dollar awarded under this program. No grant shall be available for a project receiving funding from any other grant program established in this chapter.

(b)  Creation of committee.  There is established a human services and educational facilities grant advisory committee to include the secretary of human services or the secretary’s designee; the commissioner of buildings and general services or the commissioner’s designee; two members of the Vermont general assembly, one appointed by the speaker of the house of representatives and one appointed by the senate committee on committees; and three representatives of broad-based community organizations, such as the United Way of Vermont, who shall be selected and appointed by the governor.  The members of the committee shall select a chair.  The members appointed by the governor shall serve for terms of two years or until their successors are appointed.

(c)  Process.  The human services and educational facilities grant advisory committee shall coordinate and administer the human services and educational facilities grant program for ease of use by applicants.  To accomplish this, the committee shall:

(1) develop an application form and process with clear instructions and examples to help applicants complete the form and which include an opportunity for a community to demonstrate its ability to generate required matching funds from local fundraising or other efforts;

(2)  establish a selection process which ensures equitable selection of grant recipients;

(3)  ensure accountability by grant recipients; and

(4) ensure that the grant application deadlines are consistent with other grant programs included in this chapter.    

(d)  Before it notifies an applicant that the applicant will be awarded a grant, the human services and educational facilities grant advisory committee shall provide notice of the award and the time and location of any award presentation to the chairs of the senate committee on institutions and the house committee on corrections and institutions and to those members of the general assembly who represent the area in which a successful applicant resides.

(e)  The department of buildings and general services shall provide administrative support to the program.

* * * Education * * *

Sec. 37.  16 V.S.A. § 3448(a)(5)(B) is amended to read:

(5)  Final approval for construction aid.

***

(B)  The state board may approve a final application for a project provided that:

* * *

(v)  the project has otherwise met the requirements of sections

3447–3456 of this title; and

(vi)  if the proposed project includes a playground, the project includes a requirement that the design and construction of playground equipment follow the guidelines set forth in the United States Consumer Product Safety Commission Handbook for Public Playground Safety; and

(vii)  if the total estimated cost of the proposed project is less than $50,000.00, no performance bond or irrevocable letter of credit shall be required.

Sec. 38.  CONTINUATION OF SUSPENSION OF STATE AID FOR SCHOOL CONSTRUCTION

In Sec. 36 of No. 52 of the Acts of 2007, the general assembly suspended state aid for school construction in order to provide time to enable the commissioner of education and the commissioner of finance and management to make recommendations for a sustainable plan for state aid to school construction.  In the absence of a viable plan for funding school construction, the general assembly hereby extends the period of suspension until a plan is developed and adopted.

* * * University of Vermont * * *

Sec. 39.  16 V.S.A. § 2363 is added to read:

§ 2363.  RESERVE FUNDS

(a)  The University of Vermont and State Agricultural College may create and establish one or more special funds, herein referred to as “debt service reserve funds,” and shall pay into each such debt service reserve fund:

(1)  any moneys appropriated and made available by the state for the purpose of such fund;

(2)  any proceeds of the sale of notes or bonds, to the extent provided in the resolution or resolutions of the University of Vermont and State Agricultural College authorizing the issuance thereof; and

(3)  any other moneys that may be made available to the University of Vermont and State Agricultural College for the purpose of such fund from any other source or sources.

(b)  All moneys held in any debt service reserve fund, except as hereinafter provided, shall be used, as required, solely for the payment of the principal or purchase or redemption price of or interest or redemption premium on bonds or notes secured in whole or in part by such fund or of sinking fund payments with respect to such bonds or notes; provided, however, that moneys in any such fund shall not be withdrawn therefrom at any time in such amount as would reduce the amount of such fund to less than the debt service reserve requirement established by resolution of the University of Vermont and State Agricultural College for such fund as hereafter provided except for the purpose of making payments, when due, of principal, interest, redemption premiums, and sinking fund payments with respect to bonds and notes secured in whole or in part by such fund for the payment of which other moneys of the University of Vermont and State Agricultural College are not available.  Any income or interest earned by any debt service reserve fund may be transferred to other funds or accounts of the University of Vermont and State Agricultural College to the extent that it does not reduce the amount of such fund below the requirement for such fund.

(c)  The University of Vermont and State Agricultural College shall not at any time issue bonds or notes secured in whole or in part by a debt service reserve fund if upon the issuance of such bonds or notes the amount in such debt service reserve fund will be less than the debt service reserve requirement established by resolution of the University of Vermont and State Agricultural College for such fund, unless the University of Vermont and State Agricultural College at the time of issuance of such bonds or notes shall deposit in such fund from the proceeds of the bonds or notes so to be issued, or from other sources, an amount that, together with the amount then in such fund, will not be less than the debt service reserve requirement established for such fund. The debt service reserve requirement for any debt service reserve fund shall be established by resolution of the University of Vermont and State Agricultural College prior to the issuance of any bonds or notes secured in whole or in part by such fund and shall not be required to exceed “maximum debt service,” which shall mean, as of any particular date of computation, an amount equal to the greatest of the respective amounts, for the then current or any future fiscal year of the University of Vermont and State Agricultural College, of annual debt service on the bonds and notes of the University of Vermont and State Agricultural College secured or to be secured in whole or in part by such debt service reserve fund.

(d)  In the computation of the amount of the debt service reserve funds for the purpose of this section, securities in which any of such funds shall be invested shall be valued at par if purchased at par or at amortized value, as such term is defined by resolution of the University of Vermont and State Agricultural College, if purchased at other than par.

(e)  In order to assure the maintenance of the debt service reserve requirement in each debt service reserve fund established by the University of Vermont and State Agricultural College, there may be appropriated annually and paid to the University of Vermont and State Agricultural College for deposit in each such fund such sum as shall be certified by the chair of the board of trustees of the University of Vermont and State Agricultural College to the governor, the president of the senate, and the speaker of the house as is necessary to restore each such debt service reserve fund to an amount equal to the debt service reserve requirement for such fund. The chair shall annually, on or about February 1, make and deliver to the governor, the president of the senate, and the speaker of the house his or her certificate stating the sum required to restore each such debt service reserve fund to the amount aforesaid, and the sum so certified may be appropriated, and if appropriated, shall be paid to the University of Vermont and State Agricultural College during the then current state fiscal year. The principal amount of bonds or notes outstanding at any one time and secured in whole or in part by a debt service reserve fund to which state funds may be appropriated pursuant to this subsection shall not exceed $66,000,000.00, provided that the foregoing shall not impair the obligation of any contract or contracts entered into by the University of Vermont and State Agricultural College in contravention of the Constitution of the United States of America.

(f)  The proceeds of any bonds or notes secured by a debt service reserve fund to which state funds may be appropriated pursuant to this section shall be applied solely to costs of reconstruction, rehabilitation, or improvement of existing facilities or property of the University of Vermont and State Agricultural College.

* * * Vermont State Colleges * * *

Sec. 40.  16 V.S.A. § 2186 is added to read:

§ 2186.  Reserve Funds

(a)  The Vermont State Colleges may create and establish one or more special funds, herein referred to as “debt service reserve funds,” and shall pay into each such debt service reserve fund:

(1)  any moneys appropriated and made available by the state for the purpose of such fund;

(2)  any proceeds of the sale of notes or bonds, to the extent provided in the resolution or resolutions of the Vermont State Colleges authorizing the issuance thereof; and

(3)  any other moneys that may be made available to the Vermont State Colleges for the purpose of such fund from any other source or sources.

(b)  All moneys held in any debt service reserve fund, except as hereinafter provided, shall be used, as required, solely for the payment of the principal or purchase or redemption price of or interest or redemption premium on bonds or notes secured in whole or in part by such fund or of sinking fund payments with respect to such bonds or notes; provided, however, that moneys in any such fund shall not be withdrawn therefrom at any time in such amount as would reduce the amount of such fund to less than the debt service reserve requirement established by resolution of the Vermont State Colleges for such fund as hereafter provided except for the purpose of making payments, when due, of principal, interest, redemption premiums, and sinking fund payments with respect to bonds and notes secured in whole or in part by such fund for the payment of which other moneys of the Vermont State Colleges are not available.  Any income or interest earned by any debt service reserve fund may be transferred to other funds or accounts of the Vermont State Colleges to the extent that it does not reduce the amount of such fund below the requirement for such fund.

(c)  The Vermont State Colleges shall not at any time issue bonds or notes secured in whole or in part by a debt service reserve fund if upon the issuance of such bonds or notes the amount in such debt service reserve fund will be less than the debt service reserve requirement established by resolution of the Vermont State Colleges for such fund, unless the Vermont State Colleges at the time of issuance of such bonds or notes shall deposit in such fund from the proceeds of the bonds or notes so to be issued, or from other sources, an amount that, together with the amount then in such fund, will not be less than the debt service reserve requirement established for such fund. The debt service reserve requirement for any debt service reserve fund shall be established by resolution of the Vermont State Colleges prior to the issuance of any bonds or notes secured in whole or in part by such fund and shall not be required to exceed “maximum debt service,” which shall mean, as of any particular date of computation, an amount equal to the greatest of the respective amounts, for the then current or any future fiscal year of the Vermont State Colleges, of annual debt service on the bonds and notes of the Vermont State Colleges secured or to be secured in whole or in part by such debt service reserve fund.

(d)  In the computation of the amount of the debt service reserve funds for the purpose of this section, securities in which any of such funds shall be invested shall be valued at par if purchased at par or at amortized value, as such term is defined by resolution of the Vermont State Colleges, if purchased at other than par.

(e)  In order to assure the maintenance of the debt service reserve requirement in each debt service reserve fund established by the Vermont State Colleges, there may be appropriated annually and paid to the Vermont State Colleges for deposit in each such fund such sum as shall be certified by the chair of the board of trustees of the Vermont State Colleges to the governor, the president of the senate, and the speaker of the house as is necessary to restore each such debt service reserve fund to an amount equal to the debt service reserve requirement for such fund. The chair shall annually, on or about February 1, make and deliver to the governor, the president of the senate, and the speaker of the house his or her certificate stating the sum required to restore each such debt service reserve fund to the amount aforesaid, and the sum so certified may be appropriated, and if appropriated, shall be paid to the Vermont State Colleges during the then current state fiscal year. The principal amount of bonds or notes outstanding at any one time and secured in whole or in part by a debt service reserve fund to which state funds may be appropriated pursuant to this subsection shall not exceed $34,000,000.00 provided that the foregoing shall not impair the obligation of any contract or contracts entered into by the Vermont State Colleges in contravention of the Constitution of the United States of America.

(f)  The proceeds of any bonds or notes secured by a debt service reserve fund to which state funds may be appropriated pursuant to this section shall be applied solely to costs of reconstruction, rehabilitation, or improvement of existing facilities or property of the Vermont State Colleges.

* * * Natural Resources * * *

Sec. 41.  FEDERAL ENVIRONMENTAL QUALITY INCENTIVES PROGRAM; MATCHING FUNDS; REALLOCATION

(a)  Currently more than $20,000,000 in Federal Environmental Quality Incentives Program (EQIP) pollution reduction funds are available to Vermont farmers to reduce manure runoff into rivers and streams.  This funding is available if the state can provide $750,000 in state assistance for this purpose.  Therefore, the following funds shall be used to provide the state share:

(1)  $125,000 from funds for stream stabilization grants appropriated under Sec. 11(c)(2) of No. 52 of the Acts of 2007.

(2)  $75,000 from funds for best management practices appropriated under Sec. 15(a) of No. 52 of the Acts of 2007.

(3)  $200,000 from funds for ecosystem restoration and protection appropriated under Sec. 12(c)(1) of this act.

(4)  $250,000 from funds for best management practices appropriated under Sec. 16(1) of this act.

(b)  It is the intent of the general assembly to appropriate the remaining $100,000 of required state matching funds in the appropriations act of 2008 for fiscal year 2009.

Sec. 42.  SHADOW LAKE FISH AND WILDLIFE ACCESS AREA; RIGHT OF WAY

The commissioner of fish and wildlife is authorized to negotiate an agreement with Junnie and Nellie Peck, who own land adjacent to the Shadow Lake Fishing Access.  The agreement may provide, for a consideration of $1.00, an easement across the land owned by the fish and wildlife department to enable the landowners to access their residence.

Sec. 42a.  MUNICIPAL WASTEWATER TREATMENT PLANTS; CONSULTATION

On or before October 1, 2008, the secretary of natural resources shall meet with representatives of any municipality that wishes to evaluate treatment options for the upgrade of its wastewater treatment plant.  As part of the evaluation, the agency of natural resources shall consider alternative options for upgrade of the existing wastewater treatment plant, including tertiary filter options.  The evaluation of alternative options shall include an analysis of the environmental and operational issues and full, life-cycle costs of proposed improvements to the waste water treatment plant for the purpose of phosphorous removal.  On or before January 15, 2009, the secretary of natural resources shall report to the house and senate committees on natural resources and energy and the house committee on corrections and institutions and the senate committee on institutions with a summary of the consultations required by this section and a summary of the proposed treatment options for the evaluated wastewater treatment plants.

* * * Military * * *

Sec. 43.  20 V.S.A. § 542 is amended to read:

§ 542.  ACQUISITION, MAINTENANCE AND DISPOSAL OF PROPERTY FOR THE NATIONAL GUARD USE

In the name of the state, the board shall be responsible for the real estate and personal property of the national guard.  The board may acquire or purchase, and maintain and dispose of by sale or otherwise real estate and personal property.  Upon determination by the board that real estate is to be disposed of, the disposal shall be at fair market value, and proceeds shall be allocated to future capital appropriations.

* * * Effective Date * * *

Sec. 44.  EFFECTIVE DATE

This act shall take effect on passage.

Thereupon, pending the question, Shall the Senate concur in the House proposal of amendment?, on motion of Senator Shumlin, the Senate refused to concur in the House proposal of amendment and requested a Committee of Conference.

Thereupon, pursuant to the request of the Senate, the President announced the appointment of

                                         Senator Scott

                                         Senator Mazza

                                         Senator Campbell

as members of the Committee of Conference on the part of the Senate to consider the disagreeing votes of the two Houses.

Rules Suspended; Bill Committed

H. 267.

Appearing on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and House bill entitled:

An act relating to industrial hemp.

Was taken up for immediate consideration.

Thereupon, pending the reading of the report of the Committee on Agriculture, Senator Shumlin moved that Senate Rule 49 be suspended in order to commit the bill to the Committee on Judiciary.

Which was agreed to.

Proposal of Amendment; Third Reading Ordered; Rules Suspended; Bill Passed in Concurrence with Proposal of Amendment

H. 290.

Senator Illuzzi, for the Committee on Economic Development, Housing and General Affairs, to which was referred House bill entitled:

An act relating to underground utility damage prevention system.

     Reported recommending that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  30 V.S.A. § 7001(4) is amended and (11), (12), (13), and (14) are added to read:

(4)  "Excavation activities" means activities involving the removal of earth, rock or other materials in the ground, disturbing the subsurface of the earth, or the demolition of any structure, by the discharge of explosives or the use of powered or mechanized equipment, including but not limited to digging, trenching, blasting, boring, drilling, hammering, post driving, wrecking, razing, or tunneling, within 100 feet of an underground utility facility.  Excavation activities shall not include the tilling of the soil for agricultural purposes, routine gardening outside easement areas and public rights-of-way, activities relating to routine public highway maintenance, or the use of hand tools by a company, or the company’s agent or a contractor working under the agent’s direction, to locate or service the company’s facilities, provided the company has a written damage prevention program.

(11)  “Powered or mechanized equipment” means equipment that is powered or energized by any motor, engine, or hydraulic or pneumatic device and that is used for excavation or demolition work.

(12)  “Hand tools” means tools powered solely by human energy.

(13)  “Verified” means the location and depth has been physically determined.

(14)  “Damage prevention program” means a program established to ensure employees involved in excavation activities are aware of and utilize appropriate and safe excavating practices.

Sec. 2.  30 V.S.A. § 7004(e) is added to read:

(e)  Notice of excavation activities shall be valid for an excavation site until one of the following occurs:

(1)  The excavation is not completed within 30 days of the notification;

(2)  The markings become faded, illegible, or destroyed; or

(3)  The company installs new underground facilities in a marked area still under excavation.

Sec. 3.  30 V.S.A. § 7006b is amended to read:

§ 7006b.  EXCAVATION AREA PRECAUTIONS

Any person engaged in excavating activities in the approximate location of underground utility facilities marked pursuant to section 7006 of this title shall take reasonable precautions to avoid damage to underground utility facilities, including but not limited to any substantial weakening of the structural or lateral support of such facilities or penetration, severance or destruction of such facilities.  When excavation activities involve horizontal or directional boring, the person engaged in excavation activities shall expose underground facilities to verify their location and depth, in a safe manner, at each location where the work crosses will cross a facility and at reasonable intervals when paralleling an underground facility.  Powered or mechanized equipment may only be used within the approximate location where the facilities have been verified.

Sec. 4.  30 V.S.A. § 7008 is amended to read:

§ 7008.  PENALTIES

(a)  Vermont Digsafe Program.  Any person who violates any provisions of sections 7004, 7006a, 7006b, or 7007 of this title shall be subject to a civil penalty of up to $1,000.00, in addition to any other remedies or penalties provided by law or any liability for actual damages.  Notices of probable violation shall be issued within 12 months from the date the department receives the underground facility damage report, unless an ongoing investigation requires an extension of time.

(b)  Any company which does not mark the location of its underground facilities as required by section 7006 or 7006a of this title shall be subject to a civil penalty of up to $1,000.00.  Notices of probable violation shall be issued within 12 months from the date the department receives the underground facility damage report, unless an ongoing investigation requires an extension of time.

* * *

(e)  Any person who violates any provisions of sections 7004 through 7007 of this title as to an underground gas distribution or transmission facility shall also be subject to the civil penalties described in section 2816 of this title.  However, a person who has been assessed a civil penalty pursuant to section 2816 of this title shall not be subject to the payment of an assessed penalty under the provisions of this section for the same violation.

Sec. 5.  30 V.S.A. § 2816(a) is amended to read:

(a)  Gas Pipeline Safety Program.  Any person who violates any statute, rule, regulation or order of the public service board relating to safety standards or safety practices applicable to transportation of gas through gas pipeline facilities subject to the jurisdiction of the public service board is subject to a civil penalty of not more than $10,000.00 $100,000.00 for each violation for each day that the violation persists.  However, the maximum civil penalty shall not exceed $500,000.00 $1,000,000.00 for any related series of violations.  The penalty may be imposed by the board after notice to the offending person of the alleged violations and opportunity for hearing.

Sec. 6.  REPEAL

30 V.S.A. § 7004(d)(2) is repealed January 1, 2010.

And that after passage, the title of the bill is to be amended to read:

     AN ACT RELATING TO THE VERMONT DIG SAFE PROGRAM AND THE FEDERAL GAS PIPELINE SAFETY PROGRAM.

And that the bill ought to pass in concurrence with such proposal of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to, and third reading of the bill was ordered.

Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was placed on all remaining stages of its passage in concurrence with proposal of amendment forthwith.

Thereupon, the bill was read the third time and passed in concurrence with proposal of amendment.

Proposals of Amendment; Third Reading Ordered; Rules Suspended; Bill Passed in Concurrence with Proposal of Amendment

H. 306.

Senator Illuzzi, for the Committee on Economic Development, Housing and General Affairs, to which was referred House bill entitled:

An act relating to telemarketing.

     Reported recommending that the Senate propose to the House to amend the bill as follows:

First:  In Sec. 1, 9 V.S.A. § 2464(a)(1)(B), at the end after the period by adding the following: Isolated and inadvertent failure to comply with this record-keeping requirement shall not give rise to liability under this subsection, provided that the telemarketer has in place reasonable procedures designed to comply with this requirement.

Second:  By adding a new section, to be Sec. 2, to read as follows:

Sec. 2.  9 V.S.A. § 2464(a)(4) is amended to read:

(4) "Telemarketer" means any person who initiates telephone calls to, or who receives telephone calls from, a consumer in connection with a plan, program, or campaign to market goods or services. The term "telemarketer" does not include:

* * *

(C)  Any person who initiates telephone calls to or who receives telephone calls from a consumer in connection with collection of an amount due for goods or services previously provided to the consumer.

(D)  Any other category of persons that the attorney general may exempt by rule consistent with the purposes of this section.

     And by renumbering the subsequent sections to be numerically correct

Third:  In the new Sec. 4, in 9 V.S.A. § 2464(e), in the introductory language by striking out the following: “federally-insured” and inserting in lieu thereof the following: federally insured and by striking out subdivision (1) in its entirety and inserting in lieu thereof a new subdivision (1) to read as follows:

(1)  fail to obtain, before processing the transaction, any prior written authorization required by subdivision (b)(2) of this section or any tape recording or copy of a written confirmation required by subdivision (b)(3) of this section as part of the consumer’s express oral authorization; or

And that the bill ought to pass in concurrence with such proposals of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, and pending the question, Shall the Senate propose to the House to amend the bill as recommended by the Committee on Economic Development, Housing and General Affairs?, Senator Illuzzi moved to amend the second proposal of amendment of the Committee on Economic Development, Housing and General Affairs in Sec. 2, 9 V.S.A. §2464(a)(4) by adding a new subparagraph (D) to read as follows:

          (D)  Any company registered with and regulated by the public service board.

     And by re-lettering the remaining subparagraph to be alphabetically correct.

Which was agreed to.

Thereupon, the pending question, Shall the Senate propose to the House to amend the bill as recommended by the Committee on Economic Development, Housing and General Affairs, as amended?, was decided in the affirmative.

Thereupon, pending the question, Shall the bill be read a third time?, Senator Illuzzi moved that the Senate propose to the House to amend the bill by adding a new section to be numbered Sec. 1 to read as follows:

Sec. 1.  FINDINGS AND PURPOSE

(a)  Findings. 

(1) Title 9 V.S.A. section 2464, which is part of the Consumer Fraud Act, was enacted in 1997 in response to complaints about certain telemarketing practices.  Specifically, a fraudulent telemarketer, often based in another country, would charge a Vermonter’s bank account.  The only piece of information needed to do this was the code number at the bottom of the consumer’s check, known as a “MICR” code.  Armed with that information, the telemarketer would hire a U.S.-based third-party processor to (a) print up unsigned checks, called “demand drafts,” to deposit into the telemarketer’s own bank account; or (b) electronically withdraw funds from the consumer’s account, using an “automated clearing house” or “ACH” debit.

(2) Although such debits are often used, they are usually not reported because many consumers do not know that their bank accounts can be charged without their permission.  One court action brought by the Attorney General’s Office (along with several other states and the Federal Trade Commission) against a third-party processor began with a single complaint from an elderly consumer’s daughter who found an unauthorized charge on her mother’s bank statement, which in turn led to the discovery of a handful of other related complaints and over 100 times that number of Vermont victims.

(3) Fraudulent telemarketers obtain bank account numbers by tricking consumers, by promising goods and services that they do not deliver, and by buying lists of past victims’ account information.

(4) Existing law provides protections for Vermont consumers against this type of fraud.  If a telemarketer wishes to charge a Vermonter’s bank account using a demand draft, the telemarketer must first obtain written permission.  If the telemarketer wishes to charge the consumer’s account with an ACH debit, the telemarketer can only do so based on an inbound call from the consumer, or based on a prior business relationship with the consumer, but in either event, the telemarketer must also confirm the consumer’s consent, typically with a digital voice recording.  Third-party processors hired by telemarketers must follow the same standards.

(5) Nonetheless, there are two gaps in existing law.  The first is that when telemarketers confirm a consumer’s consent to an ACH debit, they usually do so by recording just a short “verification” portion of their telemarketing call, which has little information on it and often does not reveal what the consumer is consenting to; recording the entire call instead would resolve this problem.  The second gap is that there may be a delay of years before a fraudulent telemarketer’s debits to Vermonters’ bank accounts are discovered, so it is important for state investigators to be able to check telemarketing and processor records going back more than the two years that they are now required to be kept.

     And by renumbering the remaining sections to be numerically correct.

Which was agreed to.

Thereupon, the pending question, Shall the bill be read a third time?, was decided in the affirmative.

Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was placed on all remaining stages of its passage in concurrence with proposals of amendment forthwith.

Thereupon, the bill was read the third time and passed in concurrence with proposals of amendment.

Proposal of Amendment; Third Reading Ordered; Rules Suspended; Bill Passed in Concurrence with Proposal of Amendment

H. 330.

Senator Snelling, for the Committee on Natural Resources and Energy, to which was referred House bill entitled:

An act relating to repeal of the law relating to municipal trailer park ordinances.

     Reported recommending that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  REPEAL

(a)  As of July 1, 2008, subchapter 9 of chapter 61 of Title 24, relating to municipal ordinances for trailer parks, is repealed.

(b)  A municipal ordinance adopted under subchapter 9 of chapter 61 of Title 24 prior to July 1, 2008 shall remain in effect until July 1, 2010, unless repealed by the municipality prior to that date.

And that the bill ought to pass in concurrence with such proposal of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to, and third reading of the bill was ordered.

Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was placed on all remaining stages of its passage in concurrence with proposal of amendment forthwith.

Thereupon, the bill was read the third time and passed in concurrence with proposal of amendment.

Proposal of Amendment; Third Readings Ordered

H. 515.

Senator McCormack, for the Committee on Natural Resources and Energy, to which was referred House bill entitled:

An act relating to the collection and disposal of mercury-added thermostats.

     Reported recommending that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  FINDINGS

The general assembly finds:

(1)  According to a 2004 study by the U.S. Environmental Protection Agency, titled “International Mercury Market Study and the Role and Impact of U.S. Environmental Policy,” more than 10 percent of the estimated mercury reservoir in the United States is in thermostats.

(2)  In 2000, thermostat manufacturers General Electric, Honeywell, and White Rodgers established the Thermostat Recycling Corporation (TRC) that runs the program for collecting mercury‑containing thermostat discarded in Vermont.  Under the TRC program, thermostat wholesalers volunteer to place bins where heating, ventilation, and air‑conditioning (HVAC) contractors can discard thermostats.

(3)  The manufacturers of mercury‑containing thermostats, with the cooperation of the agency of natural resources, should be encouraged to submit a single unified plan for the collection of mercury‑containing thermostats, the cost of which should be appropriately apportioned between participating manufacturers.

Sec. 2.  10 V.S.A. § 7102 is amended to read:

§ 7102.  Definitions

As used in this chapter:

* * *

(6)(A)  “Manufacturer” means any person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture that (i) produces a mercury‑added product, or (ii) serves as an importer or domestic distributor of a mercury‑added product produced outside the United States.

(B)  This definition shall not apply to retailers for whom importing is not their primary business.

(C)  In the case of a multi‑component mercury‑added product, the manufacturer is the last manufacturer to produce or assemble the product.

(D)  In the case of mercury‑containing thermostats, the manufacturer is the original equipment manufacturer.

* * *

(16)  “Mercury‑containing thermostat” means a product or device that uses a  mercury switch to sense and control room temperature through communication with heating, ventilating, or air‑conditioning equipment.  “Mercury‑containing thermostat” includes thermostats used to sense and control room temperature in residential, commercial, industrial, and other buildings but does not include a thermostat used to sense and control temperature as part of a manufacturing process.

(17)  “Person” means any individual, corporation, partnership, cooperative, association, firm, sole proprietorship, governmental agency, or other entity.

(18)  “Thermostat retailer” means a person who sells thermostats of any kind directly to homeowners or other nonprofessionals through any selling or distribution mechanism, including but not limited to sales using the internet or catalogues.  A retailer may also be a wholesaler if it meets the definition of wholesaler.

(19)  “Thermostat wholesaler” means a person that is engaged in the distribution and wholesale sale of heating, ventilation, and air‑conditioning components to contractors who install heating, ventilation, and air‑conditioning components.

Sec. 3.  10 V.S.A. § 7107 is amended to read:

§ 7107.  DISCARDED MERCURY‑ADDED PRODUCTS

(a)  Management of discarded mercury‑added products.  After July 1, 2007, discarded mercury‑added products, except for mercury‑added button cell batteries, products containing mercury‑added button cell batteries as their only mercury‑added components, and photographic film shall be managed as provided in this section.

(1)  Disposal ban.  No person shall knowingly dispose of mercury‑added products in a solid waste landfill or combustor.

(2)  Source separation.  Except as otherwise provided by this section, every person who discards solid waste shall separate mercury‑added products from that solid waste for management as hazardous waste or universal hazardous waste, according to all applicable state and federal regulations.  Any contractor who replaces or removes mercury‑added products shall assure that any discarded mercury‑added product is subject to proper separation and management as a hazardous waste or universal hazardous waste.  Any contractor who replaces a mercury‑containing thermostat from a building shall deliver the mercury‑containing thermostat to an appropriate collection location for recycling.

* * *

(d)  Removal of mercury‑added components.  The agency shall conduct a study and make recommendations for requirements to remove effectively and feasibly mercury‑added components in products prior to disposal or recycling processes.  This report shall identify removal and collection systems at public and private solid waste management facilities and salvage businesses, manufacturer‑sponsored or operated collection and take‑back programs; and other feasible programs.  The agency will identify costs mechanisms for financing such programs.  The study shall address removal and collection of mercury‑added components in automobiles and the collection of switches, relays, and gauges in home appliances, heating devices, and other equipment.  The agency shall report to the general assembly no later than January 15, 2006.  The agency shall conduct a study, and in consultation with the advisory committee on mercury pollution, make recommendations on methods to increase recycling of mercury thermostats.  The study shall identify incentive‑based programs and other feasible programs, including costs and mechanisms for financing such programs. The agency shall report to the general assembly no later than January 15, 2008.

* * *

Sec. 4.  10 V.S.A. § 7116 is added to read:

§ 7116.  MERCURY‑CONTAINING THERMOSTATS

(a)  Manufacturer responsibility.  Each thermostat manufacturer that has offered for final sale, sold at final sale, or has distributed mercury containing thermostats in Vermont shall, individually or collectively:

(1)  Not later than October 1, 2008 submit a plan to the agency for approval that describes a collection and financial incentive program for mercury thermostats.  The program contained in this plan shall ensure that the following take place:

(A)  that an effective education and outreach program shall be developed and shall be directed toward wholesalers, retailers, contractors, and homeowners.  There shall be no cost to thermostat wholesalers or thermostat retailers for education and outreach materials. 

(B)  that handling and recycling of mercury‑containing thermostats are accomplished in a manner that is consistent with the provisions of the universal waste rules adopted by the secretary.

(C)  that containers for mercury‑containing thermostat collection are provided to all thermostat wholesalers.  The cost to thermostat wholesalers shall be limited to an initial, reasonable one‑time fee per container as specified in the plan.

(D)  that collection systems are provided to all collection points registered pursuant to subdivision (d)(3) of this section.  Collection systems can include individual product mail back or multiple collection containers.  The cost to registered collection points shall be limited to an initial, reasonable one‑time fee per container as specified in the plan.

(E)  that a financial incentive is established with a minimum value of $5.00 for the return of each mercury‑containing thermostat to a thermostat wholesaler by a contractor or service technician.  The financial incentive shall be in the form of cash or coupons that are redeemable by the contractor or service technician.

(F)  that a financial incentive is established with a minimum value of $5.00 to homeowners or non‑professionals for the return of each mercury‑containing thermostat to a collection point registered with the agency.  The financial incentive shall be in the form of cash or in the form of a coupon that can be redeemed for cash from the manufacturer or can redeemed for a credit toward purchase of general merchandize in the retail location where the thermostat was returned.

(G)  mechanisms to protect against the fraudulent return of thermostats are established.

(2)  No later than April 1, 2009, implement a mercury thermostat collection plan approved by the secretary under subsection (d)(1) of this section.

(3)  Beginning in 2010, submit an annual report to the secretary by April 1 of each year that includes, at a minimum, all of the following:

(A)  The number of mercury‑containing thermostats collected and recycled by that manufacturer pursuant to this section during the previous calendar year.

(B)  The estimated total amount of mercury contained in the thermostat components collected by that manufacturer pursuant to this section.

(C)  An evaluation of the effectiveness of the manufacturer’s collection program and the financial incentive.

(D)  An accounting of the administrative costs incurred in the course of administering the collection and recycling program and the financial incentive plan.

(b)  Thermostat wholesaler and thermostat retailer responsibilities.

(1)  By April 1, 2009, a thermostat wholesaler shall not offer for final sale, sell at final sale, or distribute thermostats unless the wholesaler:

(A)  acts as a collection site for thermostats that contain mercury.

(B)  promotes and utilizes the collection containers provided by thermostat manufacturers to facilitate a contractor collection program as established by subsection (a) of this section, and all other tasks as needed to establish and maintain a cost‑effective manufacturer collection and financial incentive program.

(2)  By April 1, 2009, a thermostat retailer shall not offer for final sale, sell, or distribute thermostats in the state unless the thermostat retailer participates in an education and outreach program to educate consumers on the collection program for mercury thermostats.

(c)  Sales prohibition.  Beginning April 1, 2009, the following sales prohibitions shall apply to manufacturers, thermostat wholesalers, and thermostat retailers:

(1)  A manufacturer not in compliance with this section is prohibited from offering any thermostat for final sale in the state, selling any thermostat at final sale in the state, or distributing any thermostat in the state.  A manufacturer not in compliance with this section shall provide the necessary support to thermostat wholesalers and thermostat retailers to ensure the manufacturer’s thermostats are not offered for final sale, sold at final sale, or distributed in this state.

(2)  A thermostat wholesaler or thermostat retailer shall not offer for final sale, sell at final sale, or distribute in this state any thermostat of a manufacturer that is not in compliance with this section.

(d)  Agency responsibilities.

(1)  Within 60 days of receipt of a complete application from a manufacturer, the agency shall review and may grant, deny, or approve with modifications a manufacturer plan required by subdivision (a)(1) of this section.  The agency shall not approve a plan unless all elements of subdivision (a)(1) are adequately addressed.  In reviewing a plan, the agency may consider consistency of the plan with collection and financial incentive requirements in other states and consider consistency between manufacturer collection programs.  In reviewing plans, the agency shall ensure that education and outreach programs are uniform and consistent to ensure ease of implementation by thermostat wholesalers and thermostat retailers.

(2)  The agency shall establish a process under which a plan submitted by a manufacturer is, prior to plan approval, available for public review and comment for 30 days.  The agency shall consult with interested persons, including representatives from thermostat manufacturers, environmental groups, thermostat wholesalers, thermostat retailers, service contractors, municipalities, and solid waste districts.

(3)  Registered collection points.  The agency shall maintain and post on the agency of natural resources’ website a list of municipalities, solid waste districts, and thermostat retailers who wish to register as collection points for mercury thermostats.

(4)  Education and outreach.  In conjunction with the educational and outreach programs implemented by manufacturers, the agency shall conduct an education and outreach program directed toward wholesalers, retailers, contractors, and homeowners to promote the collection of discarded mercury‑containing thermostats.

(5)  Report.  By January 15, 2010, and annually thereafter, the agency shall submit a report on the collection and recycling of mercury‑containing thermostats in the state to the house committee on fish, wildlife and water resources and the senate committee on natural resources and energy.  The report due in 2010 must include a description and discussion of the financial incentive plan established under this section and recommendations for any statutory changes concerning the collection and recycling of mercury‑containing thermostats.  Subsequent reports must include an evaluation of the effectiveness of the thermostat collection and recycling programs established under this section, information on actual collection rates, and recommendations for any statutory changes concerning the collection and recycling of mercury‑containing thermostats.  These reporting requirements may be combined with other reports on mercury that the agency is required to provide to the general assembly.

(e)  Rate of collection.  By July 1, 2010, the agency shall estimate the number of out‑of‑service thermostats generated in Vermont on an annual basis, in consultation with interested persons, including representatives from thermostat manufacturers, thermostat wholesalers, thermostat retailers, service contractors, environmental groups, municipalities, and solid waste districts.  Beginning July 1, 2011, should collection efforts fail to result in the collection and recycling of at least 50 percent of the out-of-service mercury‑containing thermostats in the state, the agency shall, in consultation with interested persons, require modifications to manufacturers’ collection plans in an attempt to improve collection rates in accordance with these goals.

Sec. 5.  MERCURY ADVISORY COMMITTEE REPORT ON TOXIC SUBSTANCES

(a)  On or before January 15, 2009, the mercury advisory committee shall report to the senate and house committees on natural resources and energy and the house committee on fish, wildlife and water resources regarding expansion of the jurisdiction of the mercury advisory committee to include review of additional toxic substances.  In preparing the report, the committee may consult with interested parties.  The report shall include:

(1)  A summary of existing Vermont programs that identify or address the use of and risks posed by harmful toxic substances.

(2)  A summary of how other states identify and minimize the risk posed by harmful toxic substances.

(3)  A recommendation as to how the jurisdiction of the mercury advisory committee can be expanded to address additional toxic substances.

(4)  When a recommendation is made to expand the jurisdiction of the mercury advisory committee under subdivision (1) of this subsection:

(A)  Recommended toxic substances or categories of toxic substances that should be added to the jurisdiction of the mercury advisory committee;

(B)  Recommended statutory changes to the mercury advisory committee’s statutory charge under 10 V.S.A. § 7113;

(C)  Recommended improvement to the toxic use reduction and hazardous waste reduction programs established under 10 V.S.A. chapter 159;

(D)  A recommended date to which the repeal of the mercury advisory committee should be extended; and

(E)  The estimated cost, if any, of expanding the jurisdiction of the mercury advisory committee.

(b)  For the purposes of this section, the mercury advisory committee shall consist of the members set forth in 10 V.S.A. § 7113(a), the attorney general of Vermont or his or her designee, and a member of a consumer interest group to be appointed by the governor.

(c)  Committee members shall be entitled to payments per diem and expenses as provided under section 1010 of Title 32; and legislative members shall be entitle to payments for per diem and expenses as provided in 2 V.S.A. § 406.

Sec. 6.  SUNSET

Subdivisions 7116(a)(3) (reporting requirement for manufacturers of mercury-containing thermostats) and (d)(4) (agency of natural resources reporting requirement regarding mercury-containing thermostats) of Title 10 shall be repealed on April 2, 2015.

And that the bill ought to pass in concurrence with such proposal of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to, and third reading of the bill was ordered.

Proposals of Amendment; Third Reading Ordered; Rules Suspended; Proposal of Amendment; Bill Passed in Concurrence with Proposal of Amendment

H. 711.

Senator Starr, for the Committee on Education, to which was referred House bill entitled:

An act relating to agricultural, forestry and horticultural education.

Reported recommending that the Senate propose to the House to amend the bill as follows:

First:  In Sec. 3, subsection (a), by striking out the words “and the department of education shall jointly perform” and inserting in lieu thereof the following:  , the department of education, the Vermont technical college, and the Vermont youth conservation corps jointly shall perform, in consultation with the department of corrections,

Second:  In Sec. 3, subsection (a), after the word “provide” by inserting the words recommendations for

Third:  In Sec. 3, subsection (b), subdivision (5), by striking out words “The need for a statewide specialist to provide” and inserting in lieu thereof the words Options for providing statewide leadership on

And that the bill ought to pass in concurrence with such proposals of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposals of amendment were collectively agreed to, and third reading of the bill was ordered.

Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was placed on all remaining stages of its passage in concurrence with proposals of amendment forthwith.

Thereupon, pending third reading, Senators Campbell, Ayer, Carris, Cummings, Giard, Illuzzi, Lyons, Nitka, McCormack, Sears and White moved that the Senate propose to the House to amend the bill by adding a new section to be numbered Sec. 4 to read as follows:

Sec. 4.  16 V.S.A. §§ 912 and 913 are added to read:

§ 912.  Pupil’s right of refusal; animal dissection

(a)  Any student in a public or independent elementary or secondary school may refuse to dissect, vivisect, incubate, capture, or otherwise harm or destroy an animal or any part of an animal, or to observe any of these activities, as part of a course of instruction.

(b)  Not less than three weeks prior to a course exercise involving the use or dissection of an animal, a school shall notify each student enrolled in the course and his or her parent or guardian of the student’s right to refuse to participate in or observe the exercise.

(c)  A student who chooses to refrain from participating in or observing a portion of a course pursuant to this section shall be assigned an alternative education project to learn the material required by the course.  If course assessments require harmful or destructive use of animals, the student shall be offered an alternative assessment by which to demonstrate mastery of the material.  A student may refuse to participate in any alternative education project or alternative assessment that involves or necessitates the harmful use of an animal or animal parts.  A student shall not be discriminated against based upon his or her decision to exercise the right afforded by this section.

(d)  As used in this section, the word “animal” means any living organism of the kingdom animalia and includes an animal’s cadaver or the severed parts of any animal’s cadaver.

§ 913.  Animal use in science classes and science fairs

(a)  In public and independent elementary and secondary schools, live vertebrate animals shall not:

(1)  Be experimentally medicated in a manner causing painful reactions or inducing painful or lethal pathological conditions.

(2)  Be injured in any other manner, including anesthetization and electric shock. 

(b)  Live animals on school premises shall be housed and cared for in a humane and safe manner.

     And by renumbering the remaining section to be numerically correct.

Which was agreed to.

Thereupon, the bill was read the third time and passed in concurrence with proposal of amendment.

Proposal of Amendment; Third Reading Ordered

H. 806.

Senator Hartwell, for the Committee on Natural Resources and Energy, to which was referred House bill entitled:

An act relating to public water system.

     Reported recommending that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  10 V.S.A. § 1675a is added to read:

§ 1675a.  PERMITTING EXEMPTION

(a)  The requirements of this chapter and the rules adopted under this chapter, except the construction permitting requirements, shall not apply to a public water system that:

(1)  Consists only of distribution and storage facilities and does not have any collection and treatment facilities;

(2)  Obtains all of its water from, but is not owned or operated by, a public water system to which this chapter applies;

(3)  Does not engage in the sale of water to any person.  For purposes of this section and subdivision 203(3) of title 30,  a “sale” of water does not occur when:

(A) the rate charged to the consumer by the receiving water system is the same as the rate charged by the public water system for supplying water to the receiving water system; and

(B) the receiving water system follows the uniform water and sewer disconnect requirements of chapter 129 of title 24, except that section 5147 of title 24 shall not apply and appeals shall be governed by the Vermont rules of civil procedure; and

(4)  Is not a carrier which conveys passengers in interstate commerce;

(5)  Serves less than 500 persons; and

(6)  Is served by a public water system that certifies to the secretary that:

(A)  The receiving public water system is responsible for the repair and maintenance of their own water system unless otherwise agreed to by the wholesale system; and

(B)  The public water system supplying water to the receiving water system is responsible for:

(i)  including the receiving public water system in its water quality sampling plans;

(ii)  providing consumer confidence reports to the receiving system’s users; and

(iii)  issuing public notice to the receiving system’s users if a violation of a drinking water contaminant standard exists or if the secretary determines that a condition exists that may present a risk to public health.

(b)  The water system supplying water to the receiving water system is responsible for the requirements contained in subdivision (a)(6)(B) of this section until 180 days after the water system supplying water to the receiving water system files a notice with the secretary of natural resources and the receiving system of its intent to withdraw from any obligation made under subdivision (a)(6)(B) of this section.

(c)  Notwithstanding the exemption contained in subsection (a) of this section, the secretary of natural resources may take any reasonable steps that are necessary to abate a public health threat at a public water system that is otherwise exempt

Sec. 2.  30 V.S.A. § 203(3) is amended to read:

(3) A company other than a municipality or a water system exempted under the provisions of section 1675a of title 10 engaged in the collecting, sale and distribution of water for domestic, industrial, business or fire protection purposes;

And that the bill ought to pass in concurrence with such proposal of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to, and third reading of the bill was ordered.


House Proposal of Amendment Concurred In

S. 232.

House proposal of amendment to Senate bill entitled:

An act relating to mobile polling stations.

Was taken up.

The House proposes to the Senate to amend the bill by adding two new sections to be numbered Secs. 3 and 4 to read as follows:

Sec. 3.  PURPOSE

The general assembly intends that the authorization for use of mobile polling stations created by this act is a pilot project and shall only be effective until July 1, 2009.

Sec. 4.  SECRETARY OF STATE; REPORT

The secretary of state shall report to the house and senate committees on government operations by January 15, 2009, on the results of the use of mobile polling stations.

Thereupon, the question, Shall the Senate concur in the House proposal of amendment?, was decided in the affirmative.

House Proposal of Amendment Concurred In with Amendment

S. 290.

House proposal of amendment to Senate bill entitled:

An act relating to agricultural water quality.

Was taken up.

The House proposes to the Senate that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  6 V.S.A. § 4828 is added to read:

§ 4828.  CAPITAL EQUIPMENT ASSISTANCE PROGRAM

(a)  It is the purpose of this section to provide assistance to contract applicators and farms to purchase or use innovative manure injection equipment that will aid in the reduction of surface runoff of agricultural wastes to state waters, improve water quality of state waters, reduce odors from manure application, decrease greenhouse gas emissions, and reduce costs to farmers.

(b)  The capital equipment assistance program is created in the agency of agriculture, food and markets to provide farms and custom applicators in Vermont with state financial assistance for the purchase of new or innovative manure injection equipment to improve manure application or nutrient management plan implementation.

(c)  Assistance under this section shall in each fiscal year be allocated according to the following priorities and as further defined by rule by the secretary:

(1)  First priority shall be given to capital equipment to be used on farm sites that are serviced by custom applicators and that are located in descending order within the boundaries of:

(A)  the Lake Champlain Basin;

(B)  the Lake Memphremagog Basin;

(C)  the Connecticut River Basin; and

(D)  the Hudson River Basin.

(2)  Next priority shall be given to capital equipment to be used at a farm site which is located in descending order within the boundaries of:

(A)  the Lake Champlain Basin;

(B)  the Lake Memphremagog Basin;

(C)  the Connecticut River Basin; and

(D)  the Hudson River Basin.

(d)  On or before January 15, 2009, and annually thereafter, the secretary of agriculture, food and markets shall report to the house and senate committees on agriculture and the house committee on fish, wildlife and water resources regarding the performance of and results achieved by providing capital assistance to custom applicators and farms for new or innovative manure injection equipment.

Thereupon, pending the question, Shall the Senate concur in the House proposal of amendment?, Senator Kittell moved that the Senate concur in the House proposal of amendment with an amendment as follows:

In Sec. 1, 6 V.S.A., § 4828, subsection (b) after the words “plan implementation” by inserting the following: and for the purchase of contract services to conduct nutrient management, including contracting with custom spreaders for application of manure

Which was agreed to.


House Proposal of Amendment Concurred In with Amendment

S. 240.

House proposal of amendment to Senate bill entitled:

An act relating to repealing the sunset of the law enforcement exemption to the social security breach notice act.

Was taken up.

The House proposes to the Senate that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  REPEAL OF SUNSET OF LAW ENFORCEMENT EXEMPTION TO SOCIAL SECURITY BREACH NOTICE ACT

Sec. 5 of No. 162 of the Acts of the 2005 Adj. Sess. (2006) is amended to read:

Sec. 5.  SUNSET

9 V.S.A. § 2435(h) (exemption for law enforcement agencies from security breach notice act) shall be repealed June 30, 2008 2009.

The House further proposes to amend the title by striking out the word “Social”.

Thereupon, pending the question, Shall the Senate concur in the House proposal of amendment?, Senator Sears moved that the Senate concur in the House proposal of amendment with an amendment thereto, as follows:

By striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  EXTENSION OF SUNSET OF LAW ENFORCEMENT EXEMPTION TO SECURITY BREACH NOTICE ACT

Sec. 5 of No. 162 of the Acts of the 2005 Adj. Sess. (2006) is amended to read:

Sec. 5.  SUNSET

9 V.S.A. § 2435(h) (exemption for law enforcement agencies from security breach notice act) shall be repealed June 30, 2008 2012.

After passage, the title of the bill is to be amended to read:

An act relating to EXTENDING the sunset of the law enforcement exemption to the security breach notice act

Which was agreed to.


House Proposal of Amendment Concurred In

S. 291.

House proposal of amendment to Senate bill entitled:

An act relating to the farm agronomic practices program at the Agency of Agriculture, Food and Markets.

Was taken up.

The House proposes to the Senate to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  6 V.S.A. § 4951 is added to read:

§ 4951.  FARM AGRONOMIC PRACTICES PROGRAM

(a)  The farm agronomic practices assistance program is created in the agency of agriculture, food and markets to provide the farms of Vermont with state financial assistance for the implementation of soil-based practices that improve soil quality and nutrient retention, increase crop production, minimize erosion potential, and reduce agricultural waste discharges.  The following practices shall be eligible for assistance to farms under the grant program:

(1)  conservation crop rotation;

(2)  cover cropping;

(3)  strip cropping;

(4)  cross-slope tillage;

(5)  zone or no-tillage;

(6)  pre-sidedress nitrate tests;

(7)  annual maintenance of a nutrient management plan that is no longer receiving funding under a state or federal contract, provided the maximum assistance provided to a farmer under this subdivision shall be $1,000.00 per year; and

(8)  educational and instructional activities to inform the farmers and citizens of Vermont of:

(A)  the impact on Vermont waters of agricultural waste discharges;

(B)  the federal and state requirements for controlling agricultural waste discharges.

(b)  Funding available under section 4827 of this title for nutrient management planning may be used to fund practices under this section.

Sec. 2.  REPEAL

Sec. 80a of No. 215 of the Acts of the 2005 Adj. Sess. (2006) is hereby repealed and replaced by 6 V.S.A. § 4951.

Sec. 3.  6 V.S.A. § 4824(a) is amended to read:

(a)  State grant.  State financial assistance awarded under this subchapter shall be in the form of a grant.  When a state grant is intended to match federal financial assistance for the same on-farm improvement project, the state grant shall be awarded only when the federal financial assistance has also been approved for or awarded.  An applicant for a state grant shall pay at least 15 percent of the total eligible project cost.  The dollar amount of a state grant shall be equal to the total eligible project cost, less 15 percent of the total as paid by the applicant, and less the amount of any federal assistance awarded, except that a state grant shall not exceed 50 80 percent of the total eligible project cost.

Sec. 4.  EFFECTIVE DATE

This act shall take effect upon passage.

Thereupon, the question, Shall the Senate concur in the House proposal of amendment?, was decided in the affirmative.

Consideration Postponed

H. 11.

House bill entitled:

An act relating to the commissioner of health.

Was taken up.

Thereupon, without objection consideration of the bill was postponed until the next legislative day.

Bill Passed in Concurrence with Proposal of Amendment

House bill of the following title was read the third time and passed in concurrence with proposal of amendment:

H. 94.

An act relating to retail sales and taxing of specialty beers.

Consideration Interrupted

H. 432.

Senator Miller, for the Committee on Economic Development, Housing and General Affairs, to which was referred House bill entitled:

An act relating to establishing Juneteenth National Freedom Day.

Reported that the bill ought to pass in concurrence.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, and pending the question, Shall the bill be read a third time?, without objection on motion of Senator Shumlin, consideration was postponed until tomorrow.

Third Reading Ordered

H. 588.

Senator Illuzzi, for the Committee on Economic Development, Housing and General Affairs, to which was referred House bill entitled:

An act relating to property loaned to museums.

Reported that the bill ought to pass in concurrence.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, and third reading of the bill was ordered.

Consideration Postponed

House bills entitled:

H. 436.

An act relating to miscellaneous amendments to local election and municipal government laws.

H. 700.

An act relating to sale of bottles of wine at festivals.

Were taken up.

Thereupon, without objection consideration of the bills was postponed until tomorrow.

Rules Suspended; Third Readings Ordered; Rules Suspended; Bills Passed in Concurrence

H. 170.

Appearing on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and House bill entitled:

An act relating to retirees of the University of Vermont.

Was taken up for immediate consideration.

Senator Doyle, for the Committee on Government Operations, to which the bill was referred, reported that the bill ought to pass in concurrence.

Senator White recused herself from voting on the bill, pursuant to Senate Rule 71.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, and third reading of the bill was ordered.

Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was placed on all remaining stages of its passage in concurrence forthwith.

Thereupon, the bill was read the third time and passed in concurrence.

H. 574.

Appearing on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and House bill entitled:

An act relating to requiring beverage container manufacturers to pay an additional on-half cent per container to retailers who do not commingle containers.

Was taken up for immediate consideration.

Senator Hartwell, for the Committee on Natural Resources and Energy, to which the bill was referred, reported that the bill ought to pass in concurrence.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, and third reading of the bill was ordered.

Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was placed on all remaining stages of its passage in concurrence forthwith.

Thereupon, the bill was read the third time and passed in concurrence.

Rules Suspended; Proposals of Amendment; Third Reading Ordered; Rules Suspended; Proposal of Amendment; Bill Passed in Concurrence with Proposal of Amendment

H. 617.

Appearing on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and House bill entitled:

An act relating to guardianships.

Was taken up for immediate consideration.

     Senator Cummings, for the Committee on Judiciary, to which the bill was referred, reported recommending that the Senate propose to the House to amend the bill as follows:

First:  In Sec.1, 14 V.S.A. § 3061(9), after the word “in” by inserting the following: subdivision 9701(7) of Title 18. 

Second:  In Sec. 1, 14 V.S.A. § 3071(b), after the following: “3069” by striking out the following: “and 3070” and inserting in lieu thereof the following: and 3070

Third:  In Sec. 1, 14 V.S.A. § 3072(a), by striking out subdivision (2) in its entirety and inserting in lieu thereof a new subdivision (2) to read as follows:

(2)  No individual may be appointed or serve as guardian for a person under or in need of guardianship if the individual operates a boarding home, residential care home, assisted living residence, nursing home, group home, developmental home, correctional facility, psychiatric unit at a designated hospital, or other similar facility in which the person under or in need of guardianship resides or is receiving care.

Fourth:  In Sec. 1, 14 V.S.A. § 3072(b), by striking out subdivisions (1) and (2) in their entirety and inserting in lieu thereof new subdivisions (1) and (2) to read as follows:

(1)  the preference of the ward the nomination of a guardian in an advance directive or in a will;

(2)  any current or past expressed preferences of the respondent;

Fifth:  In Sec.1, 14 V.S.A. § 3075(e), by striking out the following: “3069(b)(2)” and inserting in lieu thereof the following: 3069(c)(2)

Sixth:  In Sec. 1, 14 V.S.A. § 3075, by striking out subsections (g), (h), and (i) in their entirety and inserting in lieu thereof new subsections (g) and (h) to read as follows:

(g)(1)  The guardian shall obtain prior written approval by the probate court following notice and hearing:

(A)  if the person under guardianship objects to the guardian’s decision, on constitutional grounds or otherwise;

(B)  if the court orders prior approval for a specific surgery, procedure, or treatment, either in its initial order pursuant to subdivision 3069(c)(2) of this title or anytime after appointment of a guardian;

(C)  except as provided in subdivision (2) of this subsection, and unless the guardian is acting pursuant to an advance directive, before withholding or withdrawing life-sustaining treatment other than antibiotics; or

(D)  unless the guardian is acting pursuant to an advance directive, before consenting to a do-not-resuscitate order unless a clinician as defined in subdivision 9701(5) of Title 18 certifies that the person under guardianship is likely to experience cardiopulmonary arrest before court approval can be obtained.  In such circumstances, the guardian shall immediately notify the court by telephone of the need for a decision, shall obtain the clinician’s certification prior to consenting to the do-not-resuscitate order and shall file the clinician’s certification with the court after consent has been given.

(2)  The requirements of subdivision (1)(C) of this subsection shall not apply if obtaining a court order would be impracticable due to the need for a decision before court approval can be obtained.  In such circumstances, the guardian shall immediately notify the court by telephone of the need for a decision, and shall notify the court of any decision made.

(h)  The procedures in chapter 181 of Title 18 shall be the exclusive mechanism:

(1)  For admission to inpatient psychiatric care when the person under guardianship objects to the guardian’s decision on constitutional grounds or otherwise.

(2)  To obtain approval for administration of nonemergency involuntary psychiatric medication to a person under guardianship.

Seventh:  In Sec. 1, 14 V.S.A. § 3077(a), after the word “Any” by inserting the word A

Eighth:  By striking out Sec. 3 (Guardianship Task Force) in its entirety.  

And that the bill ought to pass in concurrence with such proposals of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposals of amendment were collectively agreed to, and third reading of the bill was ordered.

Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was placed on all remaining stages of its passage in concurrence with proposal of amendment forthwith.

Thereupon, pending third reading of the bill, Senator Campbell moved to amend the Senate proposal of amendment in Sec. 1, 14 V.S.A. §3072(b), subdivision (1), after the words advanced directive by inserting the following: , trust

Which was agreed to.

Thereupon, the bill was read the third time and passed in concurrence with proposal of amendment.

Rules Suspended; Proposal of Amendment; Third Reading Ordered; Rules Suspended; Bill Passed in Concurrence with Proposal of Amendment

H. 777.

Appearing on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and House bill entitled:

An act relating to the certificate of need program.

Was taken up for immediate consideration.

Senator Kittell, for the Committee on Health and Welfare, to which the bill was referred, reported recommending that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  18 V.S.A. § 9432(4) is amended to read:

(4)  “Capital expenditure” means an expenditure for the plant or equipment which is not properly chargeable as an expense of operation and maintenance and includes acquisition by purchase, donation, leasehold expenditure, or operating lease which is treated as capital expense in accordance to the accounting standards established for lease expenditures by the Financial Accounting Standards Board, calculated over the length of the lease for plant or equipment, and includes assets having an expected life of at least three years.  A capital expenditure includes the cost of studies, surveys, designs, plans, working drawings, specifications and other activities essential to the acquisition, improvement, expansion, or replacement of the plant and equipment.

Sec. 2.  18 V.S.A. § 9439(b) is amended to read:

(b)  When a letter of intent to compete has been filed, the review process is suspended and the time within which a decision must be made as provided in subdivision 9440(c)(2) 9440(d)(4) of this title is stayed until the competing application has been ruled complete or for a period of 55 days from the date of notification under subdivision 9440(b)(4) 9440(c)(8) as to the original application, whichever is shorter.

Sec. 3.  18 V.S.A. § 9440(c)(6) is amended to read:

(6)  If an applicant fails to respond to an information request under subdivision (4) of this subsection within six months or, in the case of review cycle applications under section 9439 of this title, within such time limits as the commissioner shall establish by rule, the application will be deemed inactive unless the applicant has, within said six months, filed an adequate, as determined by the commissioner, amended letter of intent requests in writing that the application be reactivated and the commissioner grants the request.  If an applicant fails to respond to an information request within 12 months or, in the case of review cycle applications under section 9439 of this title, within such time limits as the commissioner shall establish by rule, the application will become invalid unless the applicant requests, and the commissioner grants, an extension.

Sec. 4.  18 V.S.A. § 9440(c)(9) is amended to read:

(9)  The health care ombudsman’s office established under section 4089j subchapter 1A of chapter 107 of Title 8 or, in the case of nursing homes, the long-term care ombudsman’s office established under section 7502 of Title 33, is authorized but not required to participate in any administrative or judicial review of an application under this subchapter and shall be considered an interested party in such proceedings upon filing a notice of intervention with the commissioner.

Sec. 5.  18 V.S.A. § 9440(d)(4) and (7) are amended to read:

(4)  A review shall be completed and the commissioner shall make a final decision within 120 days after the date of notification under subdivision (b)(4)(c)(4) of this section.  Whenever it is not practicable to complete a review within 120 days, the commissioner may extend the review period up to an additional 30 days.  Any review period may be extended with the written consent of the applicant and all other applicants in the case of a review cycle process.

(7)  Notice of the final decision shall be sent to the applicant, competing applicants, and interested parties.  This notice The final decision shall make include written findings and conclusions stating the basis of the decision.

Sec. 5a.  18 V.S.A. § 9440(e) is amended to read:

(e)  The commissioner shall adopt rules governing procedures for the expeditious processing of applications for replacement, repair, rebuilding, or reequipping of any part of a health care facility or health maintenance organization destroyed or damaged as the result of fire, storm, flood, act of God, or civil disturbance, or any other circumstances beyond the control of the applicant, and of applications where the health care facility is affected by bankruptcy proceedings, where the commissioner finds that the circumstances require action in less time than normally required for review. If the nature of the emergency requires it, an application under this subsection may be reviewed by the commissioner only, without notice and opportunity for public hearing or intervention by any party.

Sec. 5b.  18 V.S.A. § 9440(g) is added to read:

(g)  If the commissioner has reason to believe that the applicant has violated a provision of this subchapter, a rule adopted pursuant to this subchapter, or the terms or conditions of a prior certificate of need, the commissioner may take into consideration such violation in determining whether to approve, deny, or approve the application subject to conditions.  The applicant shall be provided an opportunity to contest whether such violation occurred, unless such an opportunity has already been provided.  The commissioner may impose as a condition of approval of the application that a violation be corrected or remediated before the certificate may take effect.

Sec. 5c.  18 V.S.A. § 9445(d) is added to read:

(d)  The commissioner shall adopt by rule criteria for assessing the circumstances in which a violation of a provision of this subchapter, a rule adopted pursuant to this subchapter, or the terms or conditions of a certificate of need require that a penalty under this section shall be imposed, and criteria for assessing the circumstances in which a penalty under this section may be imposed.

Sec. 5d.  18 V.S.A. § 9440(c)(5) is amended to read:

(5)  An applicant seeking expedited review of a certificate of need application may simultaneously file a letter of intent and an application with the commissioner.  Upon making a determination that the proposed project may be uncontested and does not substantially alter services, as defined by rule, or upon making a determination that the application relates to a health care facility affected by bankruptcy proceedings, the commissioner shall issue public notice of the application and the request for expedited review and identify a date by which a competing application or petition for interested party status must be filed.  If a competing application is not filed and no person opposing the application is granted interested party status, the commissioner may formally declare the application uncontested and may issue a certificate of need without further process, or with such abbreviated process as the commissioner deems appropriate.  If a competing application is filed or a person opposing the application is granted interested party status, the applicant shall follow the certificate of need standards and procedures in this section, except that in the case of a health care facility affected by bankruptcy proceedings, the commissioner after notice and an opportunity to be heard may issue a certificate of need with such abbreviated process as the commissioner deems appropriate, notwithstanding the contested nature of the application.

Sec. 5e.  18 V.S.A. § 9440(e) is amended to read:

(e)  The commissioner shall adopt rules governing procedures for the expeditious processing of applications for replacement, repair, rebuilding, or reequipping of any part of a health care facility or health maintenance organization destroyed or damaged as the result of fire, storm, flood, act of God, or civil disturbance, or any other circumstances beyond the control of the applicant, and of applications where the health care facility is affected by bankruptcy proceedings, where the commissioner finds that the circumstances require action in less time than normally required for review. If the nature of the emergency requires it, an application under this subsection may be reviewed by the commissioner only, without notice and opportunity for public hearing or intervention by any party.

Sec. 6.  18 V.S.A. § 9444 is amended to read:

§ 9444.  REVOCATION OF CERTIFICATES; MATERIAL CHANGE

The commissioner may revoke a certificate of need for substantial noncompliance with the scope of the project as designated in the application, or for failure to comply with the conditions set forth in the certificate of need granted by the commissioner.  In the event that after a project has been approved, its proponent wishes to materially change the scope or cost of the approved project, all such changes are subject to review under this subchapter. If a change itself would be considered a new health care project as defined in subsection 9434(a) section 9434 of this title, it shall be considered as material.  If the change itself would not be considered a new health care project as defined in subsection 9434(a) section 9434 of this title, the commissioner may decide not to review the change and shall notify the applicant and all parties of such decision.  Where the commissioner decides not to review a change, such change will be deemed to have been granted a certificate of need.

Sec. 7.  18 V.S.A. § 9445 is amended to read:

§ 9445.  ENFORCEMENT

(a)  Any person who offers or develops any new health care project within the meaning of this subchapter without first obtaining a certificate of need as required herein, or who otherwise violates any of the provisions of this subchapter, shall may be subject to the following administrative sanctions by the commissioner, after notice and an opportunity to be heard:

(1)  The state shall not issue a commissioner may order that no license or certificate permitted to be issued by the department or any other state agency may be issued to any health care facility to operate, offer, or develop any new health care project in violation of this subchapter and without a certificate of need or certificate of exemption issued pursuant thereto for a specified period of time, or that remedial conditions be attached to the issuance of such licenses or certificates.

(2)  The state shall not furnish from any reimbursement program commissioner may order that payments or reimbursements to the entity for claims made under any health insurance policy, subscriber contract, or health benefit plan offered or administered by any public or private health insurer, including the Medicaid program and any other health benefit program administered by the state, nor shall any entity chartered under the laws of this state or any person doing business in the state provide reimbursement for any new health care project offered or developed in contravention of the requirements of this subchapter be denied, reduced, or limited, and in the case of a hospital that the hospital’s annual budget approved under subchapter 7 of this chapter be adjusted, modified or reduced.

(3)(b)  In addition to all other sanctions, if any person offers or develops any new health care project without first having been issued a certificate of need or certificate of exemption therefore, or violates any other provision of this subchapter or any lawful rule or regulation promulgated thereunder, the commissioner and health care providers or consumers located in the state shall have standing to maintain a civil action in the superior court of the county wherein such alleged violation has occurred, or wherein such person may be found, to enjoin, restrain, or prevent such violation.  Upon written request by the commissioner, it shall be the duty of the attorney general of the state to furnish appropriate legal services and to prosecute an action for injunctive relief to an appropriate conclusion, which shall not be reimbursed under subdivision (2) of this subsection.

(b)(c)  After notice and an opportunity for hearing, the commissioner may impose on a person who knowingly violates a provision of this subchapter, or a rule or order adopted pursuant to this subchapter or section 15 of Title 8, a civil administrative penalty of no more than $40,000.00, or in the case of a continuing violation, a civil administrative penalty of no more than $100,000.00 or one-tenth of one percent of the gross annual revenues of the health care facility, whichever is greater, which shall not be reimbursed under subdivision (a)(2) of this section, and the commissioner may order the entity to cease and desist from further violations, and to take such other actions necessary to remediate a violation.  A person aggrieved by a decision of the commissioner under this subdivision may appeal the commissioner’s decision to the supreme court.

Sec. 8.  18 V.S.A. § 9437 is amended to read:

§ 9437. CRITERIA

A certificate of need shall be granted if the applicant demonstrates and the commissioner finds that:

(1) the application is consistent with the health resource allocation plan;

(2) the cost of the project is reasonable, because:

(A) the applicant's financial condition will sustain any financial burden likely to result from completion of the project;

(B) the project will not result in an undue increase in the costs of medical care.  In making a finding under this subdivision the commissioner shall consider and weigh relevant factors including:

(i)  the financial implications of the project on hospitals and other clinical settings, including the impact on their services, expenditures, and charges; 

(ii)  whether the impact on  services, expenditures and charges is outweighed by the benefit of the project to the public; and

Sec. 9.  EMERGENCY RULES; EFFECTIVE DATE; PROSPECTIVE REPEAL

(a)  The commissioner may adopt emergency rules to carry out the purposes of Sec. 5a of this act.

(b)  This act shall take effect on July 1, 2008, except that Sec. 5a of this act shall take effect on passage, and Sec. 5e of this act shall take effect on July 1, 2009.

(c)  Subsection (a) of this section shall be repealed on June 30, 2009.

And that the bill ought to pass in concurrence with such proposal of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to, and third reading of the bill was ordered.

Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was placed on all remaining stages of its passage in concurrence with proposal of amendment forthwith.

Thereupon, the bill was read the third time and passed in concurrence with proposal of amendment.

Rules Suspended; Proposal of Amendment; Third Reading Ordered

H. 867.

Appearing on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and House bill entitled:

An act relating to health insurance plan coverage for athletic trainer services.

Was taken up for immediate consideration.

     Senator Coppenrath, for the Committee on Government Operations, to which the bill was referred, reported recommending that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  8 V.S.A. § 4088f is added to read:

§ 4088f.  COVERAGE FOR COVERED SERVICES PROVIDED BY ATHLETIC TRAINERS

(a)  To the extent a health insurance plan provides coverage for a particular type of health service or for any particular medical condition that is within the scope of practice of athletic trainers, a licensed athletic trainer who acts within the scope of practice authorized by law shall not be denied reimbursement by the health insurer for those covered services if the health insurer would reimburse another health care provider for those services.  A health insurer may require that the athletic trainer services be provided by a licensed athletic trainer under contract with the insurer.  Services provided by athletic trainers may be subject to reasonable deductibles, co-payment and co-insurance amounts, fee or benefit limits, practice parameters, and utilization review consistent with applicable rules adopted by the department of banking, insurance, securities, and health care administration; provided that the amounts, limits, and review shall not function to direct treatment in a manner unfairly discriminative against athletic trainer care, and collectively shall be no more restrictive than those applicable under the same policy for care or services provided by other health care providers but allowing for the management of the benefit consistent with variations in practice patterns and treatment modalities among different types of health care providers.  Nothing in this section shall be construed as impeding or preventing either the provision or coverage of health care services by licensed athletic trainers within the lawful scope of athletic trainer practice.

(b)  As used in this section, “health insurance plan” means an individual or group health insurance policy, a hospital or medical service corporation or health maintenance organization subscriber contract, or another health benefit plan offered, issued, or renewed for a person in this state by a health insurer, as defined in subdivision 9402(7) of Title 18.  The term shall not include benefit plans providing coverage for specific disease or other limited benefit coverage.

Sec. 2.  26 V.S.A. § 2086 is added to read:

§ 2086.   PATIENT CARE MANAGEMENT

(a)  A physical therapist shall be professionally responsible and legally liable for all aspects of the physical therapy care of each of his or her patients.  The director of the office of professional regulation shall identify by rule physical therapy services that only a physical therapist may perform.  At a minimum, a physical therapist shall provide:

(1)  the initial examination and documentation for each of his or her patients;

(2)  periodic reexamination and documentation of each of his or her patients;

(3)  the documented discharge of the patient, including the response to therapeutic intervention at the time of discharge.

(b)  A physical therapist shall ensure the qualifications of all physical therapist assistants and physical therapy aides under his or her direction or supervision.

(c)  For each of his or her patients on each date of treatment, a physical therapist shall provide all of the therapeutic intervention that requires the expertise of a physical therapist and shall determine the use of physical therapist assistants or physical therapy aides who provide for the delivery of care that is safe, effective, and efficient, provided the assigned acts, tasks, or procedures do not exceed the person’s education or training and provided:

(1)  A physical therapist assistant shall work under a physical therapist’s supervision.  A physical therapist assistant may document care pursuant to the existing treatment plan from the supervising physical therapist.

(2)  A physical therapist may use physical therapy aides for designated routine tasks.  A physical therapy aide shall work under the on-site supervision of a physical therapist who is continuously on site and present at the facility, who is immediately available to assist the person being supervised in the services being performed, and who maintains continued involvement in appropriate aspects of each treatment session in which a component of treatment is assigned.  This supervision by the physical therapist may extend to off-site supervision of the aide only when the physical therapy aide is accompanying and working directly with a physical therapist assistant with a specific patient or when performing nonpatient-related tasks.

(d)  A physical therapist’s responsibility for patient care management shall include accurate documentation of and billing for the services provided.

(e)  A physical therapist shall be responsible for communicating the status of a patient’s progress and other relevant information to the patient’s referring health care professional unless the patient declines to authorize release of the patient’s physical therapy records.

Sec. 3.  REPEAL

(a)  26 V.S.A. § 2081a(1) (definition of assistive personnel) shall be repealed on July 1, 2009.

(b)  26 V.S.A. § 2085 (legal liability for physical therapists) shall be repealed on July 1, 2009.

Sec. 4.  EFFECTIVE DATE: APPLICABILITY

(a)  Sec. 1 of this act shall take effect on July 1, 2008 and shall apply to all health benefit plans offered, issued, or renewed on or after October 1, 2008.

(b)  Sec. 2 of this act shall take effect on July 1, 2009.

And that the bill ought to pass in concurrence with such proposal of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to, and third reading of the bill was ordered.

Rules Suspended; Bills Messaged

On motion of Senator Shumlin, the rules were suspended, and the following bills were ordered messaged to the House forthwith:

S. 240, S. 290, S. 365, H. 94, H. 170, H. 290, H. 306, H. 330, H. 574, H. 617,  H. 711, H. 777.

Rules Suspended; Bills Delivered

On motion of Senator Shumlin, the rules were suspended, and the following bills were ordered delivered to the Governor forthwith:

S. 232, S. 291.


Rules Suspended; Bill Committed

H. 889.

Pending entry on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and House bill entitled:

An act relating to the state’s transportation program.

Was taken up for immediate consideration.

Thereupon, pending the reading of the report of the Committee on Transportation, Senator Shumlin moved that Senate Rule 49 be suspended in order to commit the bill to the Committee on Appropriations with the report of the Committee on Transportation intact,

Which was agreed to.

Adjournment

On motion of Senator Shumlin, the Senate adjourned until two o’clock and thirty minutes in the afternoon on Tuesday, April 22, 2008.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us